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Thursday, 26 Oct 2023

Written Answers Nos. 212-231

Immigration Policy

Questions (212)

Michael Lowry

Question:

212. Deputy Michael Lowry asked the Minister for Justice when applications (details supplied) will be finalised and permission granted; and if she will make a statement on the matter. [47106/23]

View answer

Written answers

As the Deputy will be aware, the Government agreed to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023. The IIP Unit has published an FAQ document concerning the closure of the programme on my Department's Immigration Services website, which will be updated with any further questions arising from the closure, and is available here: www.irishimmigration.ie/faqs-closure-of-the-immigrant-investor-programme-iip/ 

As Minister, I do not comment on individual IIP applications, however, my Departments IIP Unit is committed to ensuring that all applications will be examined on their own merits and will endeavour to conclude all decisions in a timely manner.

Due to the exceptionally large number of applications on hand it is not possible to give a timeframe as to when individual applications will receive a decision.

Visa Applications

Questions (213)

Michael Lowry

Question:

213. Deputy Michael Lowry asked the Minister for Justice when an application (details supplied) will be finalised and visa permission granted; if she will review the circumstances around the delay in processing this application and the reasons for the misinformation provided to the applicant and their spouse; and if she will make a statement on the matter. [47107/23]

View answer

Written answers

I can advise the Deputy that the application referred to was created on the 4 February 2023. Supporting documentation was received in the Nairobi office on the 3 March 2023. The application was received in the Dublin visa office on the 21 April 2023, where it awaits examination and processing.

Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:

www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf

This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.

However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.

It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available. 

The applicant will be notified as soon as a decision has been reached by a Visa Officer.

Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:

www.irishimmigration.ie/visa-decisions/

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose.  This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process.  The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Public Procurement Contracts

Questions (214)

Paul Donnelly

Question:

214. Deputy Paul Donnelly asked the Minister for Justice if a new tender for the provision of new Garda public order unit vans will be put out to tender before the end of 2023. [47156/23]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the procurement of vehicles for the Garda fleet. As Minister, I have no role in such matters.

All Garda vehicles are purchased under contracts tendered by the Office of Government Procurement (OGP). Generally, An Garda Síochána draw down from Garda specification lots within these OGP contracts. 

The OGP maintain a variety of contracts covering different vehicles categories such as cars, vans of different sizes, motorcycles and 4x4’s etc.

A contract is currently in place through the Office of Government Procurement for the purchase of Garda Public Order Unit Vans up to 15 September 2024, with the option of a 6 month extension.

An Garda Síochána

Questions (215)

Paul Donnelly

Question:

215. Deputy Paul Donnelly asked the Minister for Justice if she will report on Garda Operation Fleming; the number of persons arrested and charged under this operation; and if this operation is currently live. [47157/23]

View answer

Written answers

As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these matters.

I understand the Deputy is referring to Operation Fleming which was established to investigate the sale of illegal access to premium streaming TV content.

I am informed by the Garda authorities that four individuals were arrested and charged under Operation Fleming. Two of these individuals pleaded guilty. In relation to the other two, the prosecution entered a stay on criminal proceedings which is referred to as Nolle prosequi. 

I am further advised that Operation Fleming has now concluded.

An Garda Síochána

Questions (216)

Paul Donnelly

Question:

216. Deputy Paul Donnelly asked the Minister for Justice if a fresh recruitment campaign for persons to apply to join An Garda Síochána will be launched before the end of 2023. [47158/23]

View answer

Written answers

The unprecedented allocation of over €2.3 billion to An Garda Síochána for 2024, up 23 per cent since 2020, demonstrates the Government's commitment to ensuring the Gardaí have provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work. Following Budget 2024, I announced that this allocation would allow for the recruitment of between 800 to 1,000 new Garda recruits. 

As the Deputy will be aware, by law the Garda Commissioner is responsible for the management of An Garda Síochána, including Garda recruitment competitions and when they are held. As Minister, I have no role in these matters. The Commissioner has informed me of his intention that annual recruitment campaigns will be held.

Additional funding made available in Budget 2024 will provide for an increase in the allowance payable to Garda trainees to €305, per week, a 66% increase.

The level of funding provided to An Garda Síochána has allowed for a steady pipeline of new Gardaí, with a new batch of recruits entering the Garda College every 11 weeks or so this year. The next recruitment competition will launch in the coming months. 

Gambling Sector

Questions (217)

Brendan Griffin

Question:

217. Deputy Brendan Griffin asked the Minister for Justice if the proposed Gambling Regulation Bill 2022 will impact on traditional community pastimes such as bingo and card drives; and if she will make a statement on the matter. [47184/23]

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Written answers

At present the Gaming and Lotteries Act 1956, as amended, provides for the promotion of lotteries, including bingo, under either a lottery licence or permit depending on the nature of the activity being provided. Activities such as card drives are currently licensed under gaming licences, also issued under the 1956 Act.  

The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective.  

The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.  

At its core, the Bill  is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. The Bill completed Committee Stage in Dáil Éireann on 11 July and is awaiting Report Stage.  

Once enacted the Bill will provide the Authority with the necessary enforcement powers for licensing and enable it to take appropriate and focused action where providers are failing to comply with the provisions of this bill and with the Authority’s licensing terms, conditions and regulations.  

In this context, the Bill provides for the continued licensing and regulation of lotteries, including bingo, and the provision of card games, similar to the 1956 Act.  The licensing provisions in the Bill are a direct continuation of the measures, albeit modernised, already provided for on the Statute Book in the 1956 Act.  

Existing licence and permit holders should have no issue with compliance with the Bill as they will already be familiar with the requirements of the 1956 Act, as amended.

Immigration Status

Questions (218)

Bernard Durkan

Question:

218. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 384 of 17 October 2023, if she will review the case to facilitate the residency of a person (details supplied); and if she will make a statement on the matter. [47204/23]

View answer

Written answers

As advised in my reply to Parliamentary Question No. 384 of 17 October 2023, the person referred to by the Deputy has no valid immigration permission to remain in the State.

It is important that persons keep their immigration permission up to date if they wish to continue to reside in the State. Where a person remains resident in the State without an immigration permission, I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status.

Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.

The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Applicants are required to have 5 years legal and reckonable residence in the State prior to making an application, except for spouses of Irish nationals where the requirement is 3 years. In both cases, the final 12 months must be continuous residence in the State.

It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/

Citizenship Applications

Questions (219)

Bernard Durkan

Question:

219. Deputy Bernard J. Durkan asked the Minister for Justice the procedure now to be followed in the case of a person (details supplied); and if she will make a statement on the matter. [47209/23]

View answer

Written answers

I am advised that the person referred to by the Deputy has previously made applications for naturalisation, however, those applications were refused on the grounds that the applicant did not have the required reckonable residence as set out in the 1956 Act as amended.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals where the requirement is 3 years. In both cases, the final 12 months must be continuous residence in the State.

It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/

Last week, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.

Tribunals of Inquiry

Questions (220)

Peadar Tóibín

Question:

220. Deputy Peadar Tóibín asked the Minister for Agriculture, Food and the Marine the number of tribunals, public investigations and commissions of investigations in process; the length of time each has been underway; when each will conclude; the cost to date of each; and the estimated cost of each at completion. [44814/23]

View answer

Written answers

I wish to advise the Deputy that there are currently no tribunals, public investigations or commissions of investigations in process in my Department.

Brexit Supports

Questions (221)

Brendan Griffin

Question:

221. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the amount of grant aid approved under the Brexit inshore business model adjustment scheme that has not been drawn down by fishermen to date; the reason the funding has not been drawn down; and if he will make a statement on the matter. [47032/23]

View answer

Written answers

I established the Seafood Task Force in 2021 to examine measures which could be taken to mitigate the impact on the Seafood Sector and Coastal Communities of Brexit and the EU/UK Trade and Cooperation Agreement. Since the publication of its report, I have introduced a number of schemes in line with the recommendations.

One such measure was the Brexit Inshore Fisheries Business Model Adjustment Scheme 2023. This de minimis short-term support scheme for the inshore sector aimed to help the sector deal with the difficult trading conditions that have arisen because of Brexit.  It also aimed to help the sector transition to longer-term restructuring measures. The scheme had a budget of €3.5 million, with payments of between €2,700 and €4,000 available to eligible inshore fishers.

As of 25 October 2023, a total of 737 applications have been received with a total value of just over €2.439 million, as set out in tabular format below.

Status

No

Amount

Applications awarded (paid to date)

695

2,302,900

Applications awarded (not yet paid)

37

120,700

Awaiting completion of census/training

5

€16,100

Total Overall Applications

737

2,439,700

As a number of these applicants are yet to receive all payments and/or to complete the census or training module, it would not be appropriate at this point to offer any further detail or assessment which may result in the identification of individual applicants.

Beneficiaries of the Brexit Adjustment Reserve Fund are published on an Bord Iascaigh Mhara's website: 

BIM - The Brexit Adjustment Reserve Fund

Greyhound Industry

Questions (222, 223)

Bríd Smith

Question:

222. Deputy Bríd Smith asked the Minister for Agriculture, Food and the Marine how many of the 12,483 non-coursing greyhounds born and registered with the Irish Coursing Club between 1 January 2021 and 31 December 2021 were registered to owners normally resident in the Republic of Ireland only (details supplied); and if he will make a statement on the matter. [47059/23]

View answer

Bríd Smith

Question:

223. Deputy Bríd Smith asked the Minister for Agriculture, Food and the Marine how many of the 11,698 non-coursing greyhounds born and registered with the Irish Coursing Club between 1 January 2022 and 31 December 2022 were registered to owners normally resident in the Republic of Ireland only (details supplied); and if he will make a statement on the matter. [47060/23]

View answer

Written answers

I propose to take Questions Nos. 222 and 223 together.

The Irish Coursing Club (ICC) is the competent authority with regard to the maintenance of the Irish Greyhound Stud Book. The ICC has been responsible for the Irish Greyhound Stud Book since 1923 and this was further underpinned by the enactment of the Greyhound Industry Act, 1958.

The ICC has informed my Department that currently, the Stud Book is not segregated by county or otherwise. It is reviewing tenders for a new IT system that will accommodate a number of reports and will advise my Department of progress in that regard in due course.

Question No. 223 answered with Question No. 222.

Departmental Functions

Questions (224)

Bríd Smith

Question:

224. Deputy Bríd Smith asked the Minister for Agriculture, Food and the Marine the reason responsibility for the horse and greyhound racing industries transferred from the Department of Arts, Sport and Tourism to the Department of Agriculture, Food and the Marine, as provided for by Section 6(1) of the Ministers and Secretaries (Amendment) Act 1939 and Statutory Instrument No. 179 of 2010 - Horse and Greyhound Racing (Transfer of Departmental Administration and Ministerial Functions) Order 2010 - Statutory Instrument (S I) 179 of 2010 which came into operation on 1 May 2010; and if he will make a statement on the matter. [47061/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry. 

Responsibility for the Horse and Greyhound Racing industries transferred from the Department of Arts, Sport and Tourism to the Department of Agriculture Food and the Marine as provided for by Section 6 (1) of the Ministers and Secretaries (Amendment Act 1939) and Statutory Instrument No. 179 of 2010 – Horse and Greyhound Racing (Transfer of Departmental Administration and Ministerial Functions) Order 2010.

Statutory Instrument (S I) 179 of 2010 came into operation on 1st May 2010.

Greyhound Industry

Questions (225)

Bríd Smith

Question:

225. Deputy Bríd Smith asked the Minister for Agriculture, Food and the Marine to explain the discrepancy in figures given by Rásaíocht Con Éireann in relation to the number of non-coursing greyhounds registered at microchipping stage on the RCETS whose year of birth was 2022 (details supplied), bearing in mind that under existing legislation, all non-coursing greyhounds must be microchipped upon reaching 12 weeks of age; and if he will make a statement on the matter. [47062/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Agriculture Schemes

Questions (226)

Michael Healy-Rae

Question:

226. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason VAT cannot be claimed back on calf feeders under the TAMS grant (details supplied); and if he will make a statement on the matter. [47070/23]

View answer

Written answers

The Targeted Agriculture Modernisation Scheme (TAMS 3) provides grants to farmers to build and/or improve a specified range of farm buildings and equipment on their holdings.

Farmers who qualify for grant aid under TAMS 3 are grant aided on the lower of the reference or receipted cost of the item excluding VAT.  The rules for reclaiming of VAT are set by the Office of the Revenue Commissioners and are not under the remit of my Department.

Agriculture Schemes

Questions (227)

Mattie McGrath

Question:

227. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine to provide a detailed breakdown of the number of farmers in each county impacted by the reduction from 250 kg of N to 220 kg of N based on the land as declared for the 2023 basic income support for sustainability scheme; and if he will make a statement on the matter. [47085/23]

View answer

Written answers

Full year stocking rate data for 2023 will not be available until after year end.

However, based on the land as declared for the 2023 Basic Income Support for Sustainability Scheme (BISS), a total of 2096 farmers with a whole farm livestock manure stocking rate greater than 220 kg N/ha in 2022 have at least some land this year in an area that will be limited to a maximum Nitrates Derogation stocking rate of 220 kg livestock manure N/ha from the 1st of January 2024.   

The following table provides a breakdown by county across these holdings.

County

Number of Holdings which had a whole farm stocking rate greater than 220 kg N/ha in 2022 and based on BISS 2023 have at least some land impacted by the reduction in the maximum Nitrates Derogation stocking rate in 2024

CORK

434

TIPPERARY

345

KILKENNY

176

LAOIS

121

MONAGHAN

111

WEXFORD

109

MEATH

100

OFFALY

86

LIMERICK

77

GALWAY

65

WATERFORD

64

LOUTH

62

KERRY

61

CAVAN

51

KILDARE

48

CARLOW

39

WESTMEATH

31

MAYO

26

ROSCOMMON

26

WICKLOW

24

LONGFORD

17

LEITRIM

6

SLIGO

6

CLARE

5

ROSSCOMMON

5

DONEGAL

1

Total number of Holdings

2096

Note: Some holdings will have land in more than one county.  Counties are assigned above based on the farmer's herd number.

In early October my Department published an interactive version of the Water Quality Review Implementation Map for 2024.  This allows farmers to identify whether their holding will be impacted by the reduction in the maximum derogation stocking rate next year. To further assist farmers, my Department will shortly write to individual farmers that may be directly impacted by this change.

Horse Racing Industry

Questions (228)

Paul Kehoe

Question:

228. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine if he is aware of issues with the production of passports for foals; if steps are being taken to alleviate the backlog that is building; and if he will make a statement on the matter. [47095/23]

View answer

Written answers

Horse Sport Ireland (HSI) operates under the Studbook Services contract awarded in 2023 by this Department, administering studbooks such as the Irish Sport Horse, Irish Draught, Irish Sport Pony, the Irish Cob and the Irish Cob Part Bred. 

In 2022, under a national breeding initiative funded by my Department, HSI and other equine breed societies commenced transitioning from micro-satellite (MS) to Single Nucleotide Polymorphism (SNP) DNA analysis, aligning with global equine genetics standards. This move involves collecting hair samples from foals and in addition samples  from both parents will be required during this transition period to obtain SNP profiles. These profiles will form a reference library and therefore will not require to be repeated in future years.

The move to SNP is advantageous for pedigree and the opportunities for research but it has introduced processing delays. HSI have stated that they are collaborating with Weatherbys Scientific and are addressing this backlog and remain committed to optimising this transition, anticipating process enhancements shortly.

Agriculture Schemes

Questions (229)

Michael Healy-Rae

Question:

229. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if his Department will review the TAMS 3 rules as in the case of a person (details supplied); and if he will make a statement on the matter. [47103/23]

View answer

Written answers

The Targeted Agriculture Modernisation Scheme (TAMS 3) provides grants to farmers to build and/or improve a specified range of farm buildings and equipment on their holdings.

TAMS 3 is a demand led scheme with budgetary constraints.  The terms and conditions of the scheme have been devised to be as inclusive as possible whilst adhering to relevant EU regulations.

The Women Capital Investment Scheme is open to farmers who are female, aged between 18 and 67 at time of application, own or have leasehold to the site with a minimum of 5 hectares declared on BPS/BISS or 15 hectares in the case of tillage land.  Eligible applicants must be named on the herd number of the holding, and must have submitted an application on BPS for the 2022 Reference Year either as an individual/Registered Farm Partnership or Company.  

The person named is farming as part of a Joint Venture arrangement.  To qualify for the 60% grant aid as a female farmer, the herd would need to be solely in the name of the female or as part of a Registered Farm Partnership.  In the case of a Registered Farm Partnership, to satisfy the criteria, a declaration is required that the female exercises effective and long-term control over the partnership in terms of decisions related to management, benefits, and financial risks either solely or jointly together with other members of the partnership.  

It is still open to the applicant to apply for any of the other TAMS 3 Schemes, which have grant rates of 40-60% depending on the scheme conditions and eligibility criteria.

Inshore Fisheries

Questions (230)

Holly Cairns

Question:

230. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the actions he is taking fulfil the programme for Government commitment to "ensure that inshore waters continue to be protected for smaller fishing vessels and recreational fishers and that pair trawling will be prohibited inside the six-mile limit". [47109/23]

View answer

Written answers

In December 2018, it was announced that vessels over 18 metres would be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020. This decision to exclude vessels over 18 metres from trawling inside the six nautical miles was the subject of extended legal proceedings following a Judicial Review to the High Court taken by two applicant fishermen challenging the validity of the Policy Directive which underpinned the initiative.   The outcome of these proceedings, only achieved earlier this year, is that Policy Directive 1 of 2019 has been quashed by an Order of Certiorari made by the Court of Appeal. 

Further to the final judgement of the Courts, and on the basis of the advice received from legal counsel in respect of next steps, I have decided to proceed with a new public consultation in this matter.  

I can advise that work is being carried out on the up-to-date scientific and economic advice by the Marine Institute and Bord Iascaigh Mhara, respectively, on trawling in the waters inside the six nautical miles.  It has been five years since the original scientific and economic advice was compiled and the public consultation on this issue took place.  

My Department is in the process of identifying policy options for my consideration and I remain committed to ensuring inshore waters continue to be protected for smaller fishing vessels.

Greyhound Industry

Questions (231)

Holly Cairns

Question:

231. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the number of recorded injuries and deaths of greyhounds that occurred at greyhound racing stadiums and events organised by the Irish Greyhound Board between 1 January 2011 and 30 September 2023, in tabular form. [47110/23]

View answer

Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

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