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Dáil Éireann díospóireacht -
Thursday, 21 Mar 2024

Vol. 1051 No. 4

Saincheisteanna Tráthúla - Topical Issue Debate

Bus Services

I thank the Ceann Comhairle for choosing this matter and the Minister of State for coming in to deal with it. Under Connecting Ireland, two bus services were set up in Connemara. One goes from An Cheathrú Rua up through Screebe, Maam Cross, Cornamona, Clonbur, Ballinrobe to Claremorris. The other goes from An Cheathrú Rua to Screebe, but it then turns west and goes to Carna, An Caiseal, Roundstone, Ballyconeely and Clifden. These services have been welcomed, and each serves the communities in the areas mentioned. I am not saying that there are not huge numbers travelling from An Cheathrú Rua, for example, to Claremorris, but there are many people who travel by bus to Claremorris or Ballinrobe on the northern leg. Similarly, on the southern leg, they travel through Maam Cross to connect with other bus services.

There is a major snag with the two services, which is that, unlike Bus Éireann services whereby people can be picked up anywhere along the route, somebody in their wisdom decided that there would be fixed bus stops on these rural roads and that passengers would only be able to board or alight from buses at these locations.

Some of these are, believe it or not, 8 km or 14 km apart, so you would need a car to get to the bus. It is quite a farcical situation. As many people have said to me, if they take the car that far, they might as well go the whole way. Where are they meant to leave the car? The problem now is that the type of numbers we would have expected to use the bus and who are potentially there to use the bus are not using the bus.

I have been pursuing this issue for months and there was a promise that the number of bus stops would be reviewed. That would be a help but it would not be equal to the service as we have traditionally had it in rural Ireland, that if you are along the route, the bus would pick you up wherever you were. I was in the town the other day, on St. Patrick's Day to be exact. I was in a little housing estate and along a stretch of road, somewhere between a quarter and a half a mile, there were two bus stops. Then people think rural people can go 8 km to a bus stop. It kind of does your head in because what is reasonable in one place is reasonable in another.

There is another issue that has arisen. For example, Ros Muc used to have a main bus service. The bus going from Carna to Galway in the morning used to go into Ros Muc on the peninsula to pick up passengers, come back out to Gort Mór and go into Galway city, and the same thing in the evening. Now, it does not go in there and I can understand the reason for that because the people who are on the bus from Carna obviously do not want a big diversion. On the other hand, for the people of Ros Muc, this has been a matter of contention since the service started. The number of people using buses is increasing all the time and there should be a feeder bus into Ros Muc that would meet the main buses. It could be a minibus or whatever. It would be well patronised. One thing we know is, if there are good bus services, people will use them. If there are excellent bus services, they will use them even more. We did get an improvement in the radial buses into Galway city. They used to be badly patronised. Now there is only one complaint every day and that is that you cannot get on the buses because they are all full. Even the 11 p.m. bus out of Galway city is full.

I thank the Deputy.

We need a service that services the people. It is a kind of Irish joke that you would have a bus service that is happier with no passengers than with passengers and is still running at a cost to the State.

Is the Minister of State, Deputy Collins, going to sort out this problem for us in Connemara?

I thank Deputy Ó Cuív for raising this important topic which I am taking on behalf of the Minister, Deputy Ryan. At the outset, I would like to clarify that the Minister for Transport has responsibility for policy and overall funding regarding public transport but neither the Minister nor his officials are involved in the day-to-day management, operation or planning of public transport services. The statutory responsibility for securing the provision of public passenger transport services nationally rests with the National Transport Authority, NTA. The NTA works with the public transport operators who deliver the services and have responsibility for day-to-day operational matters. That said, I reassure the Deputy that the Government is strongly committed to providing all citizens with reliable, realistic and sustainable mobility options, and public transport plays a key role in the delivery of this goal. To support this objective, under budget 2024, a funding package of about €613 million has been secured for public service obligation and Local Link services. This package includes funding for the continuation of the 20% fare reduction on PSO services, the extension of the young adult card on both PSO and commercial bus services to include 24- and 25-year-olds, and the continuation of the 90-minute fare limit until the end of 2024. Funding has also been secured to support the continued roll-out of new and enhanced bus and rail services this year.

Turning to rural and regional areas, as I am sure the Deputy is aware, the Connecting Ireland rural mobility plan has been a hugely successful programme since its implementation began in 2022, with, for example, passenger numbers on Transport for Ireland Local Link regular bus services increasing by 78% year on year to 3.2 million in 2023. Under Connecting Ireland, more than 100 new or additional services have been introduced since commencement in mid-2022. Under phase 1 in 2022, 38 new and enhanced services were implemented, while in phase 2 in 2023, 65 new and enhanced services were implemented. This means that in excess of 190 towns and villages have been connected to the public transport network and more than 280,000 people have access to new and enhanced bus services.

Regarding the specific services referred to by Deputy Ó Cuív, the NTA has advised that Galway Local Link is currently trialling additional stops on the Local Link 432 alignment. The NTA has agreed with Galway Local Link to operate smaller buses on this route to allow for a more flexible operation of the services and will discuss additional stops on the 431 bus service with Galway Local Link. The NTA also advised that it has no current plans to provide for regular services to operate to and from the Ros Muc peninsula.

In designing the 431 service, the NTA confirmed it has considered options for extending this route to Knock Airport. According to the NTA, extending the service to Knock Airport would have diminished the service frequency along the corridor as the additional journey time would have to be compensated with a loss of service elsewhere. This would have diminished the attractiveness of the service for most residents. The NTA does not have a current plan to extend the service to Knock Airport. However, it confirmed it will keep this under review in the future as the service develops. There are a number of bus services that operate regularly between Claremorris and Knock Airport, including the Bus Éireann 440, 64 and 964 services. It is possible to interchange between the Local Link 431 service and these services in Claremorris. The NTA’s journey planner can be used to see other public transport options.

I reassure the Deputy that the Department of Transport, the NTA and the operators are working to ensure the optimised deployment of resources across the public transport network to match changing passenger demand patterns.

I thank the Minister of State for anticipating the second part of my question regarding Knock Airport. The proposal is quite simple. Let us start on a phased basis, say, for the months of June, July and August, that the bus would run down as far as Knock Airport. Telling me there is connecting buses is like telling me I can get a flight to a holiday destination and that I can get a cheaper flight if I fly to London, then on to somewhere else and keep changing flights until I get there rather than taking direct flights. People want direct services, particularly if they are going on holidays and they have baggage. I do not understand why it cannot be rostered in such a way. If it takes more buses and more frequencies, so be it. We are entitled to services. I believe an awful lot of people would leave their cars at home and take the bus to the airport. Some 800,000 people are using Knock Airport every year and that would reduce the carbon footprint along that route quite considerably.

To go back to the 432 service, will the Minister of State ask the Minister for Transport to ask the NTA to ask Local Link to send me details of the additional stops and how far apart these are going to be compared with, for example, urban bus stops? I have been trying to get this information for a considerable time. Will they also give me details as to what they mean by saying they are going to operate smaller buses on this route to allow for a more flexible operation of services? Will they explain how this is going to give us more flexible services, what they mean by more flexible services, and what the changes are? Will the Minister of State note my disappointment on the fact Ros Muc does not now have the service it had 20 years ago? That is all we are looking to be restored.

Finally, with the great indulgence of the Ceann Comhairle, I mention to the Minister of State this policy issue of the Department of Transport responding to every question asked about rail, etc., by saying it is an operational matter for the various agencies involved. Will the Minister of State ask the Minister for Transport to answer one question? Surely it would be a policy issue, if the Minister made it a policy, that when the NTA is deciding on these services it would provide places and specify the maximum distance between bus stops in any part of the country. One can make any policy you want when you are a Minister. That is what being a Minister is about. I do not accept this perennial answer that the Minister has no policy on anything and that these agencies are running wild and are not providing a service. I thank the Ceann Comhairle for his indulgence.

I also ask the Minister of State to ask the Minister to give more succinct responses that contain more relevant information rather than three quarters filler and one quarter relevant information. That is not the Minister of State's fault. I am not blaming him.

That is not a problem.

I will convey the Deputy's request for the details on the smaller buses and the additional stops to the Minister. I will absolutely convey the Deputy's disappointment with regard to Ros Muc. I will also make the Minister for Transport aware of the Deputy's desire that he develop a policy on the distances between bus stops. Other than that, I do not have anything else to offer by way of supplementary or closing information because the Deputy probably would not be impressed if I read out what I have here before me.

I would probably agree with that. It can save on the hot air in here.

I can tell the Deputy that the topic of bus stops is emotive. My own father lobbied me for a bus stop near our house for many years - approximately 15 years - and one arrived there last year but I had nothing to do with it landing there. I will convey all of that.

Heritage Sites

The second Topical Issue is in the name of Deputy Durkan, who wishes to return to discuss the ongoing issue of the protection of Castletown House in Celbridge which is a very important issue for north Kildare and Meath.

Indeed it is and I thank the Ceann Comhairle for affording me the opportunity to raise this particularly important issue for north Kildare and for the country. It is important for the protection of the national interests in the arts, the preservation of great houses, for the history of area and for the need to ensure that whatever happens around Castletown House has the full support of the local population. They have supported this heretofore, and continue to support this, despite the fact the response coming from OPW is less than helpful. Much in the tone of the last speaker, we all represent our respective areas throughout the length and breadth of this country.

In this particular case in Castletown, there was a temporary situation in operation for past ten or 15 years whereby ongoing permission was given to go to and from the State's house, property and assets and to provide whatever services necessary to protect the State's interest in the historical house and gardens. The way the situation has developed is that there have been a number of meetings where the issue has been discussed but no solutions have been proposed. There have been no solutions and there has been no progress in tackling the fundamental issue.

The fundamental issue is how to go to and from the State's property at Castletown House and the 137 acres, or whatever it is at this stage. I have repeated it so often, I can barely remember it. The fact of the matter is that this was happening. The people and the OPW were quite happy with it - everybody was happy with it.

There is the aspiration of buying the rest of the property in the future. That has to be dealt with as well but it can be dealt with once secure access to and from the property is guaranteed. That is a first because if there were two private landowners side by side, this matter would have been decided long ago because it would have been decided in the courts and an injunction, an arrangement or agreement would be entered into. There would be no threat to the historical house or the adjoining landowner because ways and means would be found to share the access. There would be no problem at all about that. There needs to be progress in that area, and it needs to be soon and dramatic.

My reason for saying so is that the people who have kept vigil around Castletown House and the access to it since last September have done the State a considerable service, in that they have helped to protect the listed house for all kinds of reasons mentioned several times before for the foreseeable future. That has to happen anyway if access to the house is not allowed by the State and its agents to its own property.

I would like to know what better case would come before the courts. I would like to hear it and to see the evidence. We are told from time to time that there is legal advice but we have not seen the legal advice. We are told the legal advice is that we have no chance and it is compared the situation to Lissadell and so forth. It is not at all analogous to Lissadell. It is a different story altogether.

I ask the Minister to do all he can do to bring about a quick response and to ensure the access that was there already is restored in the first instance and thereafter to negotiate whatever purchase is required.

I thank the Deputy and ask whether the Minister of State has a solution for us.

I would like to thank the Deputy for his ongoing interest in Castletown House and estate. In recent months, the Deputy has made continuous representations through parliamentary questions, Topical Issues and Oireachtas committees with regard to Castletown House and estate. He and the other elected representatives of Kildare North are members of the Castletown House and estate stakeholders’ working group. This working group was initiated by the Minister of State, Deputy O’Donovan, in October 2023 to progress the reuniting of the historic demesne and access issues to Castletown House and estate. This group includes representatives of the community and all of the local political representatives in the area.

The issue that has come to dominate the discussions of the working group is related to vehicular access for the staff of Castletown House. It is now the case that the OPW staff have not had vehicular access to their workplace since September 2023. Their union withdrew their members on 25 October 2023 until the OPW can provide a safe working environment or safe access and egress for their members to attend their workplace. A skeleton staff continues to undertake the minimum operations on the site.

The OPW has been asked by the working group to assess a number of different options for staff access. These include: the Castletown farmyard through the public road in the Woodview estate; through a privately owned and maintained road to the Batty Langley gate and onto the historical pedestrian pathway of the Dublin Drive, which is not designed for the weight of vehicles; and the Celbridge gate and Lime Avenue. It is understood from the community that the use of all these routes are unacceptable to different parts of the community, particularly the Woodview estate. However, if no routes are acceptable, then the outcome is that the OPW staff cannot return to conserve and protect Castletown House and estate.

In normal years, Castletown House would have opened last weekend to welcome visitors. This is not possible due to the continuing community protest. The Lime Avenue has always been the vehicular access point to Castletown House and estate since the House was built. The roadway is designed for vehicular traffic.

In the meeting of the working group on 22 February, one of the community organisations submitted a proposal to the OPW that would see staff accessing the site through Lime Avenue at certain times of the day and leave Lime Avenue primarily for pedestrians for the core part of the day, including during school commuting times. This was further discussed at the working group on 11 March and while there was broad welcoming of this proposal, it is my understanding that not all community groups have confirmed that they are willing to move forward with this proposal. I would urge the Deputy to use his leadership within the community to make progress on this proposal.

The first stage of this proposal is for an independent health and safety risk assessment of the impact of limited vehicular traffic on Lime Avenue. The OPW has appointed a health and safety professional from an Office of Government Procurement framework to carry out a specific audit of the use of the vehicular and pedestrian access routes for OPW staff vehicles, people with a disability and external contractors. The health and safety professional must be the person who finalises the report as it must take account of the OPW’s obligations as an employer under the Health, Safety and Welfare at Work Act. The OPW is committed to taking on board the advice from this health and safety professional.

The Ceann Comhairle and the Minister of State can understand the frustration of local public representatives because everything is answered except the question that is fundamental to the issue, that is, how to restore the access that was there before September last. At that time, some of us put forward the idea of seeking an interim injunction to state the case for the State to access its lands freely and at will. We were told that would not be successful and that the legal advice was wrong. The OPW had enough advice itself in September and when the threat of the closure of the previous access arose, it said that it had alternative access. It turned out to be the access that is opposed by the local people, Lime Avenue, and the access that has a huge amount of traffic, as was rightly anticipated. We need this done in order to run the estate as it is intended and hoped.

In the circumstances, I believe it is high time the OPW made its case known. Does the OPW intend at any stage to make a serious effort to go back to the status quo and restore the access that was there previously for itself and its own staff, as well as for the benefit of the local community and the benefit of all interested in Castletown House? It is a stately home, a mansion of huge historical importance, including for the locality, for this House and for the country. I ask the Minister of State to impress upon those in the OPW the urgency of the situation and the fact that time is running out, and time that is running out does not go on forever. I ask that they make a special effort to concentrate in the next couple of weeks, and then come back and tell us what is their intention, other than to suggest that they intend to buy the whole estate at some stage in the future. It is time they got onto their game and set in motion whatever processes are necessary to do one thing or the other. However, they must at all times keep in mind the right of the State to gain access to its own property unimpeded.

I will pick up from where I concluded. The following stage of this proposal envisages that OPW staff and essential contractors access the site via Lime Avenue at predetermined times of the day. The OPW has made written commitments that the volume of traffic would be approximately 20 vehicles per day for OPW staff and essential contractors. People with a disability would also be facilitated with access as required. Arrivals and departures will not occur all at once but will be spread across the windows of access and egress. This small number of vehicles will not impact the current congestion within Celbridge. In fact, the work by the working group and the OPW may help to reduce congestion in the longer term by changing travel patterns. As has been stated repeatedly, there is no intention to use Lime Avenue for general visitor traffic to Castletown House.

It should also be highlighted that the use of Lime Avenue by OPW staff during the predetermined windows will give priority to pedestrians and ensure their safety. The system of pedestrian priority is used extensively across OPW heritage sites and has always operated in Castletown House and estate for access for staff who park at the east of the house and for people with a disability. It is also how Castletown Estate operates with regard to vehicles involved in the maintenance of the grounds, which have always been a feature of Lime Avenue.

The Deputy has been a strong supporter of Castletown House and estate over the decades. Given its importance to the tourism industry in Kildare, I hope he will be able to give his full support to ensuring that this proposal is progressed through these phases. He has been a representative of the constituency since 1981, which is a fantastic achievement and great credit to him, so I hope his leadership can ensure that Castletown House opens this summer.

That is what I am trying to do. We will be visiting this site again.

I suspect we will.

Planning Issues

I thank the Ceann Comhairle for allowing this Topical Issue. I am disappointed that the Minister for housing, Deputy Darragh O'Brien, is not present. I wish the Ceann Comhairle, the staff, the gardaí and everyone else a happy, holy and safe Cásca, or Easter. It is very important that we reflect during the time of Holy Week, Easter Sunday and the risen Lord.

I am raising the urgent need for an emergency ministerial order, a statutory instrument, pausing planning enforcement proceedings on log cabins where continuing with such proceedings will cause further homelessness. This can be done. The Minister for housing signed a similar statutory instrument exempting certain developments from planning permission for housing Ukrainian refugees. We need a similar measure for homeless Irish citizens. The Minister, Deputy O'Brien, signed the European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022, SI 306/2022. The regulation, which came into effect on 23 June 2022, provides that certain classes of temporary development, including residential accommodation, undertaken by or on behalf of the State authority to provide protection to displaced persons from Ukraine will be exempt from the housing and planning and development Acts other than for environmental considerations. The specified development classes will not require planning permission for the period that the regulations are in place and will not be subject to the various restrictions that would normally apply to classes of exempted development.

In welcoming the publication at that time, the Minister, Deputy O'Brien, stated that his Department had committed to working with the Department of Children, Equality, Disability, Integration and Youth to provide urgently needed shelter and support to Ukrainian refugees. These guidelines will fast-track the development of temporary accommodation, including modular units, by or on behalf of the State authorities by removing the requirement to seek planning permission, where appropriate.

I am currently dealing with case of Sean Meehan, from Woodinstown, Cahir, a proud 66-year-old Irishman from a republican family, a good, decent, republican man who fell into difficulties in his marriage. I have permission to mention his name. He had a separation and was legally divorced. He bought a plot of land and put a mobile home on it. He carefully crafted a lovely wood exterior and also insulated it, so it is very warm and comfortable for him, his cat and his dog. Lo and behold, he is before the courts and threatened-----

If he is before the courts, we had better not get into it as it is sub judice.

It is. A statutory instrument can be signed in his case. I know of at least 12 others in south Tipperary. Some have removed their lovely log cabins – they were forced to remove them by the local planning authority. This is ridiculous in a housing crisis where people want to house themselves and are able to house themselves in a sensitive way that is aesthetically pleasing and does not cause any blockage.

I want this statutory amendment signed immediately. We have not had a review of the planning guidelines for 20 years and we are crying out for it. We were promised this by the last Government, and Fianna Fáil and Fine Gael promised it during the election. We are now told the tail is wagging the dog. The Green Party tail is swishing all over the place and stopping the Government from introducing these planning guidelines. Twenty years on, we do not have them changed. These new planning guidelines could be included with this statutory instrument; it could be signed the week after next, when we come back here. It needs to be signed, in the middle of this housing crisis, to allow people like Mr. Meehan and others to live in their own comfortable abodes that they provided themselves at no cost to the State.

I thank the Deputy for raising this Topical Issue on planning enforcement proceedings in respect of the unauthorised development of log cabins. I would point out that, under section 30 of the Planning and Development Act 2000, as amended, the Minister with responsibility for planning is specifically precluded from exercising any power or control in respect of any particular case with which a planning authority or the board is or may be concerned. This includes matters relating to enforcement under Part VIII of the Act by any planning authority.

Regarding the specific motion submitted by Deputy McGrath, the position is that all development proposals require planning permission unless they are specifically exempted under the Act or the supplementary Planning and Development Regulations 2001, as amended. In addition, national planning policy, guidelines and legislation do not dictate the types of material that must be used for housing. Accordingly, there is no prohibition on the use of timber in the construction of a house from a planning perspective, subject to the overall proposal for planning permission being in accordance with national, regional and local planning policy. Nor are there restrictions under the planning code on any person to apply for planning permission in respect of modular or log cabin-type accommodation. Furthermore, a range of factors have to be taken into account in the assessment of proposals for all forms of housing, including modular housing or log cabins, for example, requirements for access, car parking and amenity space as well as separate services such as water, drainage and electricity. It must also be noted that such proposals may also have implications for neighbouring properties and the visual amenity and character of the area, which must also be taken into consideration in the determination of a planning application.

An application for planning permission provides an opportunity for members of the public to make submissions or observations in respect of the proposed development. The planning authority is required to have regard to any submissions or observations received on a planning application during the public participation process in accordance with section 34 of the Act.

Importantly, it should be noted that Part VIII of the Act does not provide any regulation-making powers to the Minister with responsibility for planning in respect of enforcement. As such, this precludes the making of regulations that would allow for the pausing of enforcement proceedings in individual cases. Therefore, the issue raised is a matter for the relevant planning authority to investigate as appropriate on a case-by-case basis in accordance with section 153 of the Act. The decision to issue an enforcement notice in respect of an unauthorised development, and the contents of any such notice, is a matter for the relevant planning authority under section 154 of the Act.

I am very disappointed with that reply. The Minister of State mentioned that timber was not a problem. One of the two reasons the person I am referring to was twice refused planning permission by the county council had to do with the nature and aesthetics of the structure. That means the timber. Negotiations are ongoing and he has been told that if he plasters or renders it, he might get planning permission. That is baloney. We are approaching Easter Sunday - Domhnach Cásca - when we will celebrate our freedom fighters who gave their lives in 1916. A week later, we will celebrate Liam Lynch, who lost his life only 15 miles away from the case I am raising. Despite all of that, this is what the Minister of State is telling the Irish people. We can introduce regulations allowing people to come into Ireland from a war-torn country - I have no problem with that - but we cannot introduce regulations for our own citizens. What is wrong with our Government? What is wrong with our people?

The Minister of State is wrong. The Minister, Deputy O'Brien, informed me in the Dáil that he had written to Tipperary County Council asking it to relax the guidelines, but he had not. I was misled in the Dáil. He had not written to the council at all. What is wrong with our people that we cannot allow them this? I am dealing with a number of people who have removed these beautiful log cabins. I have a man from Galbally in the Minister of State's constituency in contact with me. These people are all over the country. I estimate there are up to 10,000 of them, so instead of 15,000 people being homeless, we will have 25,000. What is this Government thinking as we approach Easter week? What of the gallant men of 1916 and 1921-23? My goodness, to do this to Irish men and women in the name of dead generations. The Minister of State is from a rural constituency, so he is well aware of the issue. I mentioned the man from Galbally, but in the Tipperary man's case, he had fallen on tough times and was separated. The standard that Tipperary County Council wishes to apply in respect of local need is ridiculous and too high. The Minister of State and his officials need to consider this matter because-----

If I could interpret this for a moment, what the Deputy and the Minister of State are at odds about here is that we are being told that, legally, the Minister has no authority to enact legislation to overrule an enforcement order. The local authority, on the other hand, has the wherewithal to withdraw its enforcement actions.

Of course, but I am asking for a statutory-----

The Minister of State is telling the Deputy that-----

No. Sorry, a Cheann Comhairle-----

Wait. The Minister of State is saying that the Minister does not have the statutory power to supersede an enforcement order.

He would have the statutory power to introduce a new provision providing that local authorities would deal with other cases not the subject of enforcement.

That is my reading of what the Minister of State is saying to us.

That is the Topical Issue I submitted - a statutory instrument to allow for-----

Can we hear from the Minister of State?

There are thousands of these cases all over the country, including in the cities. That is what I am looking for. It is one pillar, and a very good one, to solve our housing crisis.

I call the Minister of State, please. I am not trying to complicate this.

Of course, and I fully understand the points the Deputy is making. I come across this issue in my own constituency regularly. The Deputy pointed out an instance in my constituency of which he was aware.

I will make the Minister aware of the points that the Deputy has raised. The Minister cannot halt an enforcement. Under the law of the land, he cannot step in and write a statutory instrument or create a regulation to halt an enforcement. He just does not have that authority or power as Minister under the planning Act, as the Deputy will appreciate. However, there are ways that the local authority in question can deal with it. Enforcement is one way, and the Deputy is trying to find a way out of that. The individual can apply for retention. Depending on the outcome of that application, he could apply to An Bord Pleanála for the board to consider the matter. He could vary the proposal and make another application. There are many avenues open here, but the Minister does not have an avenue open to him to create a statutory instrument or regulation to intervene in enforcement proceedings that are before the court.

Cuireadh an Dáil ar athló ar 4.38 p.m. go dtí 2 p.m., Dé Máirt, an 9 Aibreán 2024.
The Dáil adjourned at 4.38 p.m. until 2 p.m. on Tuesday, 9 April 2024.
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