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Tuesday, 20 Jun 2017

Written Answers Nos 910-929

EU Agreements

Ceisteanna (910)

Willie Penrose

Ceist:

910. Deputy Willie Penrose asked the Minister for Justice and Equality when he plans to implement Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and thereby repeal Directive 95/46/EC (General Data Protection Regulation) which is due by 25 May 2018; and if he will make a statement on the matter. [29121/17]

Amharc ar fhreagra

Freagraí scríofa

The position is that Regulation (EU) 2016/679 will apply with effect from 25 May 2018. While generally applicable without a need for transposing national law, the Regulation contains a number of Articles which allow Member States a margin of flexibility in implementing certain provisions in their national laws. Part 3 of the Data Protection Bill 2017, which is currently being examined by the Joint Justice and Equality Committee at pre-legislative scrutiny stage, contains provisions which are intended to give effect to the Articles concerned.

Question No. 911 answered with Question No. 908.
Question No. 912 answered with Question No. 709.

Shooting Rights

Ceisteanna (913)

Jonathan O'Brien

Ceist:

913. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the details of proposed changes to legislation that would ban the practice of night-time shooting and hunting. [27875/17]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that there is no proposal to ban night time shooting. At a meeting of the Firearms Consultative Panel (chaired by my Department) held on April 5th 2016, shooting groups stated that illegal shooting at night is a serious safety issue which needed to be addressed. As a result a working group on night time shooting chaired by the National Parks and Wildlife Service (NPWS) with membership from An Garda Síochána and other shooting interest groups held a number of meetings resulting in a draft report prepared by the NPWS. The proposals in the draft report do not contain a legal ban on night time shooting but rather are intended to act as best practice guidance for shooters. I understand, during discussions by the working group, that many issues arose for consideration in what is a complex and challenging area.

That draft report was submitted to the Firearms Consultative Panel for consideration on April 20th 2017. While the draft report received considerable support, certain concerns were raised. As a result members of the Firearms Consultative Panel were invited to make submissions by June 1st which will be considered by the NPWS chair of the working group on night time shooting, in conjunction with members of the Working Group. A full meeting of the Firearms Consultative Panel, chaired by my Department, will subsequently consider the matter.

Emergency Planning

Ceisteanna (914)

Jim O'Callaghan

Ceist:

914. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views on the claim that gardaí will not be able to respond to a London Bridge type incident in the way that British police did and that An Garda Síochána is not trained to do so. [28203/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will understand that it is generally not the practice nor would it be prudent to disclose the detail of the security arrangements in place to respond the threat of a terrorist incident. To so do would plainly provide an advantage to those with ill intent. However, I want to assure the Deputy and the House that such a claim as that to which the Deputy refers is as unfortunate as it is ill-founded.

An Garda Síochána has the capacity to deploy considerable operational capabilities in response to critical incidents. There is, in particular, a highly-trained and well-equipped special intervention capability in the Emergency Response Unit that it is supported by a number of regional Armed Support Units and the range of other resources across the Garda organisation. Last year a dedicated Armed Response Unit was established for the Dublin region and it is currently being expanded significantly. The Deputy will wish to know that these operational capabilities are exercised on a routine and targeted basis and, in the context of actions to counter serious organised crime and paramilitary activity, they are the subject also of frequent deployment.

The considerable skills and resources of the Defence Forces are also available in support to the civil power when and where needed, and the Garda and Defence Forces work closely together on an ongoing basis in order to ensure preparedness for emergency responses.

Departmental Correspondence

Ceisteanna (915)

Micheál Martin

Ceist:

915. Deputy Micheál Martin asked the Minister for Justice and Equality if he or his officials have received a complaint from a person (details supplied) who claims that their files and documents cannot be located in the DPP's office; and if he will make a statement on the matter. [28948/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that correspondence was received from the person referred to by the Deputy. A response issued which explained that the Minister for Justice and Equality has no role in relation to the investigation of crime and that the Director of Public Prosecutions is independent in operation and function. He was advised that it was open to him to write to the Director of Public Prosecutions. He was further advised of the role of the Garda Síochána Ombudsman Commission in dealing with complaints concerning members of An Garda Síochána.

I understand that further correspondence from the person referred to has been forwarded to me by the Department of the Taoiseach. This correspondence will be considered and responded to in due course.

Departmental Staff Data

Ceisteanna (916)

Éamon Ó Cuív

Ceist:

916. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of staff employed in his Department and in each State agency under the aegis of his Department, by county, in tabular form. [29255/17]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is set out in the following table:

Department1

GSOC

Garda Civilian2

An Garda Síochána

Irish Prison Service

Courts Service

Policing Authority

Valuation Office

Ordnance Survey Ireland

Legal Aid Board3

Property Registration Authority

National Disability Authority

IHREC

Total

Carlow

3

9

7

19

Cavan

6

16

13

5

40

Clare

30

15

8

7

60

Cork

44

5

104

79

20

41

293

Donegal

9

30

20

11

70

Dublin

1602

69

621

585

21

121

149

171

287

36

42

3704

Galway

12

44

31

8

32

127

Kerry

111

30

17

61

219

Kildare

29

22

8

59

Kilkenny

9

19

14

12

11

65

Laois

49

14

11

12

86

Leitrim

6

5

11

Limerick

19

50

28

15

112

Longford

127

5

9

13

12

7

173

Louth

13

25

18

8

64

Mayo

5

221

23

11

260

Meath

32

75

16

7

130

Monaghan

19

12

9

40

Offaly

1

10

11

5

27

Roscommon

4

17

7

70

98

Sligo

4

20

9

14

10

57

Tipperary

123

288

21

9

441

Waterford

17

29

17

12

179

254

Westmeath

9

22

13

11

55

Wexford

3

30

17

10

60

Wicklow

1

24

20

9

54

Total

2203

79

1791

1044

21

121

223

482

536

36

42

6578

Notes:

1. The Department as referenced in the first column of the table, includes all staff of the Department and the Agencies/Offices serviced by the Human Resources Division of my Department. The Department currently has 26 staff located abroad and 16 staff on secondment.

2. The figures included under Garda Civilian in the third Column do not include Garda sworn members. Also, it also does not include 302 non-established (State Industrial) staff e.g. general operatives etc. who are part of the Garda Civilian cohort but for whom a breakdown by county was not available.

3. The figure for the Legal Aid Board includes the Family Mediation Service.

Figures for sworn members of An Garda Síochána and prison staff in the Irish Prison Service are being compiled currently. I have asked An Garda Síochána and the Irish Prison Service to provide the information directly to the Deputy as soon as it is available.

Invasive Plant Species

Ceisteanna (917)

Seán Sherlock

Ceist:

917. Deputy Sean Sherlock asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the measures which are being taken on managing and resolving the issue of Japanese knotweed in County Cork. [28679/17]

Amharc ar fhreagra

Freagraí scríofa

I am aware of public concern about the impact of Japanese Knotweed. In this regard, I wish to advise that my Department is responsible for the implementation of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477/2011), both of which prohibit the spreading of invasive species. In law, control of invasive species such as Japanese Knotweed is a matter for landowners. In this regard, my Department carries out considerable work on controlling invasive species in National Parks and Nature Reserves..

My Department does not collect data from local authorities on the incidence of Japanese Knotweed in their particular counties or administrative areas, or indeed their actions to deal with this species. This is a matter for the Local Authorities themselves. However, information on the distribution of invasive species in Ireland, including Japanese Knotweed, is available on the invasive species section of the National Biodiversity Data Centre (NBDC) website at http://maps.biodiversityireland.ie.

There is considerable work being carried out at present by a range of agencies in this area, including many Local Authorities.

My Department has also worked closely over the years with the Northern Ireland Environment Agency (NIEA) to fund and manage the Invasive Species Ireland Project. Information on general management approaches to invasive plant species is available from the Invasive Species Ireland website: http://invasivespeciesireland.com/toolkit/invasive-plant-management/.

Arts Funding

Ceisteanna (918)

Niamh Smyth

Ceist:

918. Deputy Niamh Smyth asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if local authority spending on arts is counted as discretionary or not. [28257/17]

Amharc ar fhreagra

Freagraí scríofa

I understand from my colleague the Minister for Housing, Planning, Community and Local Government, that the elected members of each local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget and the allocations thereunder, and my Department has no role in this regard. It should be noted, however, that local authorities also receive specific allocations from Government Departments for specific purposes to which the funding must be applied. For example, the funding that my Department provides local authorities for the Creative Ireland Programme must be applied for those purposes as set out in the conditions attaching to that funding.

National Indemnity Scheme for Landowners

Ceisteanna (919)

Charlie McConalogue

Ceist:

919. Deputy Charlie McConalogue asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her views on introducing a national indemnity scheme (details supplied); and if she will make a statement on the matter. [28454/17]

Amharc ar fhreagra

Freagraí scríofa

The Occupiers Liability Act 1995 provides significant protection in circumstances referred to by the Deputy. In addition, an insurance policy held by the National Trails Office provides indemnity where inspection and approval has been carried out by that Office.

Nonetheless, my Department is working closely with the State Claims Agency in relation to the development and implementation of a National Indemnity Scheme for situations referred to by the Deputy. Discussions are at an advanced stage and I anticipate that a scheme will be agreed in a number of pilot areas before the end of 2017.

Departmental Staff Data

Ceisteanna (920)

Éamon Ó Cuív

Ceist:

920. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the number of staff employed in her Department and in each State agency under the aegis of her Department, by county, in tabular form. [29248/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised that the following tables show the number of staff employed in my Department and in each State agency under the aegis of my Department by county.

Dept.

Boord o Ulster- Scotch*

Crawford Art Gallery

Foras na Gaeilge*

Heritage Council

Irish Film Board

Chester Beatty Library

National Library of Ireland

National Gallery of Ireland

National Concert Hall

Arts Council

Irish Museum of Modern Art

National Museum of Ireland

Údarás na Gaeltachta

Waterways Ireland*

WDC

Dublin

280

39

14

30

90

129

72

46

110

122

17

Carlow

8

Cavan

4

Clare

14

17

Cork

14

19

Donegal

56

2

8

Galway

93

4

83

26

Kerry

100

Kildare

9

20

Kilkenny

2

13

30

Leitrim

3

Limerick

1

Mayo

59

22

Meath

2

3

Monaghan

1

Offaly

4

50

Roscommon

2

22

15

Sligo

7

Tipperary

8

Waterford

2

Westmeath

5

34

Wexford

39

Wicklow

22

*Boord o Ulster-Scotch, Foras na Gaeilge and Waterways Ireland are North/South bodies and have staff in Northern Ireland also.

Arts Promotion

Ceisteanna (921)

Fiona O'Loughlin

Ceist:

921. Deputy Fiona O'Loughlin asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the status of plans for works to commence at a theatre (details supplied); and if she will make a statement on the matter. [26752/17]

Amharc ar fhreagra

Freagraí scríofa

I recently announced details of grants of over €9 million in capital funding for arts and culture centres across the country. This capital scheme is the most significant investment in arts and cultural centres in a decade and will target investment at a range of different facilities, including arts centres, theatres, galleries and museums, as well as artists’ studios and creative spaces. This kind of investment is at the centre of what I am trying to achieve through Creative Ireland and the Action Plan for Rural Development.

Under the Arts and Culture Capital Scheme a total of 62 projects are being funded under Streams 1 and 2 including seven flagship projects. The theatre to which the Deputy refers is one of those flagship projects and was allocated up to €1 million towards the cost of an enhancement and accessibility project. A Service Level Agreement between the project promoter and my Department has been drawn up and signed by both parties. The project promoter has until 30 March 2020 to draw down this funding and I understand that plans are progressing well with this project.

Departmental Funding

Ceisteanna (922)

Seán Sherlock

Ceist:

922. Deputy Sean Sherlock asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if her attention has been drawn to a submission for additional funding in respect of an event centre (details supplied); if she is satisfied that proper accountability, management, oversight, evaluation and spending decisions are robust and in keeping with all public procurement rules and regulations; and her views on the request for additional funding from the exchequer; and if she will make a statement on the matter. [26864/17]

Amharc ar fhreagra

Freagraí scríofa

The Cork Events Centre is a project being developed and managed by Cork City Council. My Department allocated €12 million to the City Council towards the cost of the Centre. This allocation is subject to a Service Level Agreement with the City Council to ensure compliance with all relevant requirements in relation to major capital projects. My Department recently received correspondence from Cork City Council stating that the developer has informed the Council that the overall project costs has risen to €65 million which is an increase of approximately €12m. My Department has not yet been supplied with full details of the increased costs at this stage. Cork City Council has been asked to provide additional information on the cost increases and once furnished my Department will consider the matter further.

Brexit Issues

Ceisteanna (923)

Stephen Donnelly

Ceist:

923. Deputy Stephen S. Donnelly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the threats identified by her Department with regard to the responsibilities of her Department as a result of no deal being reached in Brexit negotiations; and if she will make a statement on the matter. [26897/17]

Amharc ar fhreagra

Freagraí scríofa

On 2nd May, the Government published a comprehensive document on Ireland and the negotiations on the UK’s withdrawal from the European Union under Article 50 of the Treaty on European Union. This document sets out the approach of the Government to the forthcoming negotiations, following the successful campaign to have key Irish issues recognised in the EU negotiation position. Following on from this publication, work is underway to prepare a further paper on economic implications of the Brexit challenge.  This will draw on the work to date across Departments, which will be developed to mitigate emerging sectoral challenges. These plans will build on ongoing cross-Government research, analysis and consultations with stakeholders, and will reflect the core economic themes of the Taoiseach's speech to the Institute of International and European Affairs on 15 February last.

I hosted a productive public forum on Brexit in Monaghan last November which was attended by a range of interests from the Border region. I also hosted a Sectoral Dialogue on Brexit in Cavan on 6th February which was attended by over 100 stakeholders from across the arts, culture, film, heritage, Irish language, regional and rural affairs sectors. This Sectoral Dialogue meeting focused on the impacts of Brexit on the sectors served by my Department, with particular attention being given to the impacts on Rural and Border communities. This event was part of the ongoing engagement with civil society initiated through the series of All-Island Civic Dialogues hosted by the Taoiseach.  

Ireland’s economic interests lie firmly in a strong and well-functioning EU with continued and unfettered access to the single market. Contingency work examining all scenarios is continuing and it not possible to pre-empt the outcome at this stage.  

As far as my own Department is concerned, I am acutely aware of the challenges arising from Brexit for Rural Ireland and for the border area in particular. The actions set out in the Government's Action Plan for Rural Development launched in January, will assist in supporting rural communities, including those in border areas, to meet the challenges posed by Brexit and to position themselves to avail of the opportunities which also may arise.  The Action Plan contains over 270 actions to be delivered by a range of Government Departments, State agencies and other bodies to support the economic and social development of rural Ireland.

Concluding a mutually acceptable Brexit deal will also be important from the perspective of the Arts and Culture sector in Ireland. While arrangements between cultural institutions are, in many instances, subject to UN or Council of Europe agreements, any implications for availability of European funding and restrictions to “the four freedoms ” could limit the free movement of artists, arts organisations. There is also the potential for disruption in areas where we compete for business with the UK, such as the film industry and cultural or heritage tourism where the common standards that Ireland and the UK currently adhere to, based mainly on EU Directives, currently provide a level playing field.

I am very conscious of the extent to which EU membership has created a favourable context for the operation of North-South Implementation Bodies established under the Good Friday Agreement, two of which, Waterways Ireland and the Language Body come under the remit of my Department. Waterways Ireland is the largest of the Implementation Bodies – it employs over 300 people – and is headquartered in Enniskillen. Foras na Gaeilge, a constituent agency of the Language Body, also maintains offices on both sides of the border. Curtailment of free movement, particularly free movement of people and goods, could, therefore, present challenges for the effective operation of the two Bodies. The protection of the arrangements put in place under the Good Friday Agreement of an acceptable outcome in these areas will therefore be a high priority for the Government in the EU’s forthcoming negotiations with the UK on Brexit.

Departmental Schemes

Ceisteanna (924)

Peadar Tóibín

Ceist:

924. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the schemes offered by her Department that allow for benefits to persons, organisations or companies in the form of a tax break or direct grant to support items of arts, heritage, cultural or regional importance; the amount of money which has been granted or allowed to these schemes in each of the past five years; and the persons, organisations or companies involved. [26917/17]

Amharc ar fhreagra

Freagraí scríofa

There are a number of such schemes available across the range of my Department’s activities and these are set out on my Department’s website, including, where appropriate, the recipients of these grants, etc. My Department would be happy to provide further details on any specific scheme in which the Deputy may be interested.

National Monuments

Ceisteanna (925)

Peadar Tóibín

Ceist:

925. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if compliance relating to works being carried out on 17a and 18 Moore Street with planning and building control regulations has been obtained; and if the works being carried out are authorised. [26939/17]

Amharc ar fhreagra

Freagraí scríofa

The works concerned are being carried to secure and safeguard the national monument as authorised by the High Court.

Public Sector Pensions

Ceisteanna (926)

Bríd Smith

Ceist:

926. Deputy Bríd Smith asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs further to Parliamentary Question No. 378 of 23 May 2017, if she will provide the figures for all pension contributions made by public sector workers in each body under the aegis of her Department, excluding those in the civil service, including the pension levy, in each of the years 2010 to 2016 and to date in 2017. [26966/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised that the information requested by the Deputy is as set out in the following tables. The National Museum of Ireland is currently collating its figures and will respond directly to the Deputy.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

Pension Related Deductions (also called pension levy)

Body

2010

€000

2011

€000

2012 €000

2013 €000

2014

€000

2015

€000

2016

€000

2017 to end APRIL €000

Arts Council

134

133

136

145

125

127

104

29

Irish Film Board

59

55

54

61

57

59

45

13

Chester Beatty Library

72

70

71

75

77

74

55

18

Irish Museum of Modern Art

167

162

147

148

136

121

100

30

National Concert Hall

100

101

97

94

93

90

88

29

National Library of Ireland

243

232

222

221

231

196

138

41

Crawford Gallery

20

18

14

14

14

19

15

4

Heritage Council

63

63

64

61

56

56

46

13

Boord o Ulster-Scotch (An Foras Teanga)

3

3

2

2

6

3

3

1

Foras na Gaeilge (An Foras Teanga)

122

164

165

160

140

146

117

36

Údarás na Gaeltachta

467

437

395

371

342

315

277

93

Waterways Ireland

642

609

591

577

510

452

342

91

Western Development Commission

53

47

45

44

37

36

36

10

National Gallery of Ireland

293

281

276

255

227

228

159

44

Staff Pension Contributions

Body

2010

€000

2011

€000

2012

€000

2013

€000

2014

€000

2015

€000

2016

€000

2017 to end APRIL

€000

Arts Council

115

98

91

96

91

93

96

29

Irish Film Board

47

40

40

46

46

47

44

14

Chester Beatty Library

7

7

6

7

11

12

15

7

Irish Museum of Modern Art

122

107

114

103

107

106

113

40

National Concert Hall

12

12

12

12

15

18

22

8

National Library of Ireland

108

108

117

118

112

115

114

39

Crawford Gallery

14

13

10

10

13

17

19

6

Heritage Council

71

67

68

65

62

62

61

20

Boord o Ulster-Scotch (An Foras Teanga)

1

2

1

1

1

3

4

1

Foras na Gaeilge (An Foras Teanga)

40

42

43

40

34

107

125

43

Údarás na Gaeltachta

403

354

309

272

260

254

274

94

Waterways Ireland

213

188

196

152

234

467

500

155

Western Development Commission

43

39

38

37

35

34

40

13

National Gallery of Ireland

112

110

106

105

102

113

128

47

Rural Development Programme

Ceisteanna (927, 928)

Éamon Ó Cuív

Ceist:

927. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the financial allocations under the 2014 to 2020 rural development programme per measure 19 support for Leader local development, in tabular form; the respective budget allocations for each year in this rural development plan; the annual amount spent to date in 2017; and if she will make a statement on the matter. [27050/17]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

928. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the annual expenditure between EAFRD and national Exchequer funding to measure 19 support for Leader for local development under the rural development programme 2014 to 2020 in each of the years 2014 to 2016, in tabular form; the budget allocations from both these funding sources in each of the years 2017 to 2020 period; and if she will make a statement on the matter. [27051/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 927 and 928 together.

The LEADER programme forms part of Ireland’s Rural Development Programme 2014-2020 which is co-funded by the European Agricultural Fund for Rural Development (EAFRD).

The total amount of funding provided for LEADER 2014-2020 is €250 million over the lifetime of the programme. The EAFRD will contribute an average of 63% of the total cost of the programme (approximately €157 million), with the remaining 37% (approximately €93 million) being provided by the Exchequer. The allocation is provided for the duration of the programme rather than on an annual basis.

Funding for the programme is provided, in the first instance, from Exchequer resources in my Department’s Vote, and the sum required each year is agreed as part of the annual Estimates process. A sum of €40 million has been provided for the programme in my Department’s 2017 Estimate.

The EAFRD contribution to the programme is drawn down in arrears on the basis of expenditure actually incurred, and EAFRD receipts are treated as Appropriations-in-Aid in my Department’s Vote.

Table 1 provides a breakdown of the expenditure under the LEADER 2014-2020 Programme in each of the years 2014 to 2017. Expenditure commenced in 2015 and relates to preparatory support payments for the preparation of Local Development Strategies in each area, and to the administration and animation costs incurred by the LAGs in the delivery of the Programme.

Table 1 - Breakdown of LEADER 2014-2020 Expenditure between EAFRD and national Exchequer, 2014-2017

Year

Total Expenditure

of which EAFRD-recoupable (63%)

Net Exchequer (37%)

2014

€0.00

€0.00

€0.00

2015

€1,251,185.25

€788,246.71

€462,938.54

2016

€1,260,920.54

€794,379.94

€466,540.60

2017

€3,583,735.34

€2,257,753.26

€1,325,982.08

Total

€6,095,841.13

€3,840,379.91

€2,255,461.22

National Monuments

Ceisteanna (929)

Peadar Tóibín

Ceist:

929. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs when she will transfer a street location (details supplied) to OPW control; when she will put a preservation order on a location; and if a location will be taken into State ownership and be provided as locations for some State organisations in order to save money on ongoing rent. [27126/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my reply to Question No 407 on 23 May 2017. I believe that the process set out in that reply represents the best approach to achieving an optimal outcome for the area concerned. The Committee is now in place and has had its inaugural meeting.

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