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Gnáthamharc

Tuesday, 13 Jul 2021

Written Answers Nos. 565-584

Prison Service

Ceisteanna (565, 571, 583, 584)

Mary Lou McDonald

Ceist:

565. Deputy Mary Lou McDonald asked the Minister for Justice if the Irish Prison Service has provided her with a report of an incident which took place in 2021 in Cloverhill Prison during which a male prison guard instructed a female solicitor to remove her underwear when her bra set off a metal detector when attending for a visit with a client on an urgent matter, and if she will meet with the solicitor to discuss the matter. [37748/21]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

571. Deputy Mary Lou McDonald asked the Minister for Justice if she will commission a review into the practices and policies within the Irish prison system which resulted in a male prison guard instructing a female solicitor to remove their underwear when their bra set off a metal detector in order for them to meet with their client on an urgent matter; and if she will make a statement on the matter. [37821/21]

Amharc ar fhreagra

Réada Cronin

Ceist:

583. Deputy Réada Cronin asked the Minister for Justice if her Department has been in contact with an organisation (details supplied) in relation to the treatment of women solicitors in the matter of removal of items of underwear in order to be admitted to a prison; and if she will make a statement on the matter. [37845/21]

Amharc ar fhreagra

Réada Cronin

Ceist:

584. Deputy Réada Cronin asked the Minister for Justice if non-solicitor female visitors to prisoners have been required to remove items of underwear in order to be admitted to the visit; and if she will make a statement on the matter. [37846/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 565, 571, 583 and 584 together.

The security and safety of our prisons is paramount, particularly during this Covid-19 pandemic, and I am sure the Deputies will appreciate that the staff of the Irish Prison Service have a difficult job to achieve this on a daily basis.  It is nonetheless vital that every visitor to our prisons is treated with the highest degree of respect, integrity and courtesy at all times.  I have sought assurances in this regard from the Director General of the Irish Prison Service who has informed me that it is not, nor has it ever been, the policy of the Irish Prison Service to request anyone to remove anything other than outer garments as part of the screening arrangements.

I am also informed that there were additional temporary measures in place between March and June last year following the initial outbreak of COVID-19. During this early period, prison officers did not have the option of using wand scanners or ‘pat down’ searches on visitors.  As Deputies will be aware, the number of visitors during this period was limited because of Covid restrictions and other options such as video and phone visits were offered to both family members and legal representatives.  I am informed that visitors who activated the walkthrough metal detector were given the option of rescheduling their visit.  My understanding is that this was a strictly temporary measure, as the prison service was adapting its procedures to the pandemic.

Since June 2020, IPS procedures require Personal Protective Equipment (PPE) to be worn by all, including staff and visitors, and this facilitated the return of handheld wand and ‘pat down’ searches, albeit in line with appropriate infection control procedures.

As you may be aware, I sought a report on this issue which my Department received today from the Irish Prison Service.  The Service is also currently reviewing all Standard Operating Procedures to ensure they take full account of people’s dignity and include guidance on appropriate use of language.  My officials will consider this report in detail following which I will assess what further action may be necessary or appropriate.

I do think that it is important to state that, broadly speaking, security screening is a standard and important security measure in operation within all prisons settings.  People go to significant lengths to seek to smuggle contraband into our prisons and it is important to have appropriately robust security measures in place to prevent this. Security screening is an essential element in preventing crime which can involve pressure on vulnerable family members to smuggle in contraband.  Implementing these measures appropriately with respect for human dignity is vital to maintaining a safe and secure environment for prisoners and staff.  

That said, the Director General has assured me that she deeply regrets if these temporary restrictions caused distress or upset to any visitors.   I will of course consider any request for a meeting with the individual concerned.

International Protection

Ceisteanna (566, 567)

Thomas Gould

Ceist:

566. Deputy Thomas Gould asked the Minister for Justice the number of applicants going through the accelerated process at the International Protections Office; the number going through the non-accelerated process; and the total number respectively in tabular form. [37800/21]

Amharc ar fhreagra

Thomas Gould

Ceist:

567. Deputy Thomas Gould asked the Minister for Justice the overall median waiting time for applications through the International Protections Office; and the median waiting time for accelerated and non-accelerated applications, respectively in tabular form. [37801/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 567 and 566 together.

Just to clarify for the Deputy, accelerated procedures, as provided for under EU asylum law, are not currently carried out by the International Protection Office of my Department.  Each application is assessed individually on its own merits, in accordance with the provisions of the International Protection Act 2015.   Certain types of application are prioritised in accordance with the Prioritisation Statement agreed with the UNHCR and published on the IPO website at: http://www.ipo.gov.ie/en/ipo/pages/prioritisation_applicants. This Statement was updated with effect from 14 June 2021.  

The International Protection Office has remained open to offer applicants a service, in line with our international obligations to allow those who wish to claim international protection the opportunity to do so. The provision of the facility to allow people claim international protection is considered an essential service at all times, including during the Covid-19 crisis.

The interview schedule for the International Protection Office (IPO) has, however, been severely disrupted during this time. As of 30 June 2021, the total number of applicants awaiting interviews in the IPO are set out in the table below:

Applicants whose interview falls to be prioritised   

930

All others  

3,500

Total for interview

4,430

The median processing times for applications processed to completion at first instance in Q1 2021, are set out in the table below. I expected that figures in respect of Q2 2021 will be available shortly.

Median processing times for applications processed to completion  

at the International Protection Office in  Quarter 1 2021

Prioritised cases  

16.1 months  

Non prioritised cases  

24 months  

All cases

22.2 months

In general, the scheduling of interviews by the IPO is done in accordance with the prioritisation statement mentioned previously.  Prioritisation, as provided for under section 73 of the International Protection Act 2015, is subject to the need for fairness and efficiency in dealing with all applications for international protection.  Scheduling of cases will primarily be done on the basis of the date of application (oldest cases first).

Question No. 567 answered with Question No. 566.

Visa Applications

Ceisteanna (568)

Thomas Gould

Ceist:

568. Deputy Thomas Gould asked the Minister for Justice the number of applications to the new pre-clearance visa scheme that was introduced for UK nationals who came to Ireland after 31 December 2020 and wish to bring their non-EEA family members with them; the number of visas granted in tabular form; and if she will make a statement on the matter. [37802/21]

Amharc ar fhreagra

Freagraí scríofa

With effect from 11:00 pm on 31 December 2020, following the end of the Brexit transition period, all non-EEA family members of UK nationals seeking to join, or accompany, their UK national family member in Ireland must apply through either a preclearance or visa scheme, depending on their nationality. There is no automatic entitlement to family reunification but UK nationals can act as a sponsor of such applications.

The scheme applies to both visa required and non-visa required nationals. The applicant must apply before travelling to Ireland. The scheme is not intended for people that plan on staying in the State for less than three months.

The preclearance/visa scheme only applies when a UK national has come to live in Ireland after 31 December 2020. If a UK national is living in Ireland on or before that date, they and their eligible non-EEA family members will be a beneficiary under the Withdrawal Agreement.

The table below sets out the number of applications to the pre-clearance and visa scheme since its introduction and the numbers granted to date. It should be noted that a number of applications made are still pending a decision:

 Action

 Join Family Visa

 (UK nat. sponsor)

 Preclearance

(UK nat. sponsor)

 Total

 Applications Made

 23

 8

31 

 Application Granted

 3

 1

 4

 Granted on Appeal

 1

 1

 2

 Total Granted to date

 4

 2

 6

An Garda Síochána

Ceisteanna (569)

Peadar Tóibín

Ceist:

569. Deputy Peadar Tóibín asked the Minister for Justice the number of GSOC investigations launched in each of the past five years and to date in 2021. [37803/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) is an independent oversight body under the Garda Síochána Act 2005. I, as Minister, have no role or function in the processing or management of complaints which are made to GSOC for investigation.

I am advised by GSOC that the tables appended to this answer set out the number of investigations launched by GSOC in each of the years 2016-2020 and to date in 2021. The Deputy may also wish to note that information on GSOC investigations is set out in their annual reports which are published on the GSOC webpage at the link below.

 www.gardaombudsman.ie/publications/statutory-reports/ 

Investigations launched by GSOC

Departmental Legal Cases

Ceisteanna (570)

Peadar Tóibín

Ceist:

570. Deputy Peadar Tóibín asked the Minister for Justice the number of legal cases brought against her Department in each of the past five years and to date in 2021; and if he will provide details on the nature of these cases. [37814/21]

Amharc ar fhreagra

Freagraí scríofa

Given the broad scope of this request it has not been possible to collate the information in the time allowed. I will revert to the Deputy with a response when this information is available.

Question No. 571 answered with Question No. 565.

Naturalisation Applications

Ceisteanna (572)

Jackie Cahill

Ceist:

572. Deputy Jackie Cahill asked the Minister for Justice the progress of a certificate of naturalisation for a person (details supplied); and if she will make a statement on the matter. [37828/21]

Amharc ar fhreagra

Freagraí scríofa

A certificate of naturalisation was issued to the person referred to by the Deputy on 5 July 2021.

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 at 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Prison Service

Ceisteanna (573)

Réada Cronin

Ceist:

573. Deputy Réada Cronin asked the Minister for Justice if the practices of visiting prisoners have been adjusted and improved in accordance with vaccination levels in the prison and general population given many have been without family visits since March 2021; and if she will make a statement on the matter. [37832/21]

Amharc ar fhreagra

Freagraí scríofa

The unwinding of prison restrictions and the resumption of physical visits is a priority for the Irish Prison Service and my Department.  As the Deputy will appreciate, this is kept under ongoing review and is subject to a number of critical factors including the risk of the Delta variant, the need to maintain infection control measures, the roll out of the prison vaccination programme for both prisoners and staff, as well as the community vaccination programme.  

I can advise the Deputy that the Irish Prison Service has developed a new Framework for the Unwinding of Prison Restrictions, informed by the recent Government Plan for reopening our society, set out in Resilience and Recovery: The Path Ahead.  

On 9 June, a full prison vaccination programme commenced on a phased prison by prison basis. Vaccinations are being administered by the National Ambulance Service, supported by Prison Service health care teams to all prisoners, and unvaccinated staff under 40 years of age. In line with the vaccination schedule, physical visits to prisons will recommence on a phased prison by prison basis with visits resuming 7 days after prisoners have been fully vaccinated. To date, nine prisons have received their first round of vaccinations with the remaining three prisons scheduled in the coming weeks.

I can confirm that in the past week a second round of vaccinations took place in Wheatfield and Portlaoise Prisons and the Irish Prison Service will recommence physical visits in Wheatfield Prison on 14 July and in Portlaoise Prison on 16 July.

I am advised that, under the current vaccination schedule, it is expected that visits will have recommenced in eight prisons by the end of July with visits returning to the remaining four locations in August and September (Midlands, Limerick, Cloverhill and Cork Prisons). 

However, it is also important to note that this will be subject to consideration of infection and hospitalisation levels in the community, given the increased concern surrounding the Delta variant. 

The operation and frequency of visits will be kept under ongoing review, guided by HSE, Public Health advice and with a desire to support as much contact as possible between prisoners and their families.

Finally, I can advise the Deputy that the video visit system which was introduced in 2020 has proven very successful and when physical visits recommence, the Irish Prison Service will also retain the option of video calls for prisoners.  

Detailed information for families in relation to the operation of visits and booking system is available on the Irish Prison Service website www.irishprisons.ie.

 

Prison Service

Ceisteanna (574, 575)

Réada Cronin

Ceist:

574. Deputy Réada Cronin asked the Minister for Justice if the Irish Prison Service can at this stage of the Covid-19 situation, allow solicitors see their clients in person as opposed to video link, particularly in complex cases and in which interpreters might be needed (details supplied); and if she will make a statement on the matter. [37833/21]

Amharc ar fhreagra

Réada Cronin

Ceist:

575. Deputy Réada Cronin asked the Minister for Justice if the Irish Prison Service is producing prisoners for video link consultation with their solicitors on every occasion necessary; if not, the reason; her plans to address this; and if she will make a statement on the matter. [37834/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 574 and 575 together.

The Irish Prison Service has introduced a wide range of measures to address the risk presented by Covid-19 in a prison environment. 

These measures have at all times been guided by the advice of the National Public Health Emergency Team (NPHET), and are consistent with the prison specific guidance for the management of Covid-19 issued by the World Health Organisation and the guidance of the Council of Europe. 

The strategy employed by the Prison Service to control the risks arising during this pandemic has to date been very successful and it has in place contingency plans to ensure, to the greatest extent possible, that all prisoners have access to phone or video calls with their legal representatives. 

In addition all prisoners are entitled to receive legal correspondence by post in accordance with Rule 44 of the Prison Rules, 2007.

In order to prevent the spread of COVID 19, management of the Prison Service has requested, through the Law Society, that physical visits are only carried out where absolutely necessary.

However, any solicitors that require to see their client in person in any prison are facilitated, with interpretation where required.

Question No. 575 answered with Question No. 574.

Prison Service

Ceisteanna (576)

Réada Cronin

Ceist:

576. Deputy Réada Cronin asked the Minister for Justice the date and findings of the most recent studies done on prisoner literacy and numeracy in the State both when they arrive for the sentence and when they leave; and if she will make a statement on the matter. [37835/21]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will wish to note that the Irish Prison Service has entered into an agreement with Dublin City University to undertake an audit of the literacy and numeracy levels of people in custody and a PhD scholarship has recently been awarded to a postgraduate researcher to undertake this audit under the supervision of the University.

Education in prisons is delivered in partnership between the Education and Training Board and the Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning.

The partnership endeavours to meet the needs of prisoners through helping them cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which includes basic literacy and numeracy classes and peer-led tutoring.

The Prison Service collect some demographic information during the Governor’s committal interview. This information is self-reported. 

Based on the most recent snapshot of data from 30 June 2021, 140 out of 3,891 (or 3.6%) of committal prisoners self-reported as illiterate/semi-literate.  

It is important to note that the circumstances of committals can vary, as can the needs of an individual at the time of committal and their willingness to provide accurate information and this can affect the quality of the data collected.

Prison Service

Ceisteanna (577)

Réada Cronin

Ceist:

577. Deputy Réada Cronin asked the Minister for Justice the cost per annum to the Exchequer of keeping a prisoner in the prison system; and if she will make a statement on the matter. [37836/21]

Amharc ar fhreagra

Freagraí scríofa

I am advised by my officials in the Irish Prison Service that the average annual cost of an available, staffed prison space during the calendar year 2020 was €80,445, a 6.7% increase on the 2019 cost of €75,349. 

The figure includes all elements of net expenditure incurred to the Irish Prison Service vote within the year, (such as salaries, utilities/maintenance, ICT, services provided to prisoners including education, healthcare, work training etc.) excluding capital expenditure on buildings and vehicle purchases. 

I can further advise the Deputy, the increase on the 2019 figure is due to a number of once off factors leading to additional significant costs during 2020.

These factors include additional pay period for prison officers, Covid-19 pandemic related costs and once off approved Stimulus costs. 

If these once off expenditure items were to be removed from the calculations above the cost per available, staffed prison space for 2020 would reduce from €80,445, as above, to €76,632, an increase of 1.7% on the 2019 figure.

Prison Service

Ceisteanna (578)

Réada Cronin

Ceist:

578. Deputy Réada Cronin asked the Minister for Justice the number of prisoners currently in the prison system; the number according to age group by decade in tabular form; and if she will make a statement on the matter. [37837/21]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the information requested is provided in the attached table and was compiled on 8 July 2021.

Number of Prisoners currently in the prison system

Prison population by Age Group

Prison Service

Ceisteanna (579)

Réada Cronin

Ceist:

579. Deputy Réada Cronin asked the Minister for Justice the number of prisoners currently being treated for a mental health conditions; the number who began their sentence known to have a mental health condition; the number who have been assessed as needing psychological help and getting psychological help; and if she will make a statement on the matter. [37838/21]

Amharc ar fhreagra

Freagraí scríofa

All people committed to prison are subject to a comprehensive medical assessment by the Prison Healthcare Team, which includes a mental health assessment. The information provided as part of this process is recorded on the person’s individual medical record on the Prison Healthcare Management System. This information allows for the development of an individual healthcare plan for the prisoner while in custody. Where necessary, the person is referred to a forensic clinician or Prison Service Psychologist or both. Medical and/or psychological treatment is provided as clinically indicated.

Of the current prison population, at the time of committal 506 people (13% of the prison population) indicated that they had previously been treated by the Mental Health Services, had previously deliberately self-harmed or attempted suicide and had previously been prescribed medication indicated for the treatment of depression or psychosis. 

In-reach mental health services are provided by the HSE’s National Forensic Mental Health Service, involving the provision of weekly forensic mental health sessions which are led by Consultant Forensic Psychiatrists, supported by Non-Consultant Hospital Doctors, Community Psychiatric Nurses, and Social Workers. The caseload of the NFMHS in reach team includes up to 250 people who are ordinarily in the custody of the Prison Service. These patients are almost entirely made up of people with severe mental illnesses but include those with prominent personality disorder usually with co-morbid less serious mental illness, with the majority having co-morbid substance misuse problems (70%).

The Prison Service Psychology Service take a lead role in relation to mental health assessment for the purposes of groups or individuals talking therapy interventions.  They also provide offence related (criminogenic) assessment and intervention (which frequently includes mental health and trauma related factors). 

In 2020, approximately 1,400 people were referred to the service. Almost 60% of this cohort were referred specifically due to mental ill health, with the remaining being open referrals where mental ill health is likely to be a component once the triage assessment is complete. 

As of 12 July 2021, there are 639 people being assessed or intervened with and 1,171 on the waiting list for assessment or intervention.

Prison Service

Ceisteanna (580)

Réada Cronin

Ceist:

580. Deputy Réada Cronin asked the Minister for Justice the number of psychologists employed by and also available to the State for the treatment of prisoners in tabular form in each of the past ten years; the number of prisoners referred to them in each of the past ten years in tabular form; and if she will make a statement on the matter. [37839/21]

Amharc ar fhreagra

Freagraí scríofa

Table 1 below provides the number of Psychologists employed by the Prison Service as at 31 December for each year from 2011 to 2020.

The number provided for 2021 are correct as at 30 June 2021. 

Table 1 - Number of Psychologists employed by the Irish Prison Service

   Grade  

   2011  

   2012  

   2013  

   2014  

   2015  

   2016  

   2017  

   2018  

   2019  

   2020  

   2021  

   Grade  

   2011  

   2012  

   2013  

   2014  

   2015  

   2016  

   2017  

   2018  

   2019  

   2020  

   2021  

Director   of Psychology

1

1

1

1

1

1

1

1

1

1

1

Occupational   Psychologist

0

0

0

0

0

0

1

1

1

0

0

Psychologists   – All Other   Grades

17.6

19.6

16.6

16.6

15.2

20

26.5

25.6

31.8

33

33.8

The IPS has informed me that it is currently considering the recruitment of a Senior Clinical or Counselling Psychologist with prison experience instead of an Occupational Psychologist, who would take a lead role in supporting the IPSC (Irish Prison Service College) with psychology relevant training and leadership programmes for staff.

Table 2 below provides the number of prisoners referred to psychology services from 2019 to date. It is important to note that this data may include some instances of multiple referrals for one person. 

I wish to advise the Deputy that the data in relation to the number of prisoners referred to psychology services is available from 2019 to date. Prior to 2019 this data was not collated in the manner requested by the Deputy.  

Table 2: Number of Direct Referrals

Year

Number   of incoming, direct referrals to the IPS Psychology Service

2019

1,498

2020

1,416

2021   to date

730

number of Psychologists employed by the Prison Service

Prison Service

Ceisteanna (581)

Réada Cronin

Ceist:

581. Deputy Réada Cronin asked the Minister for Justice the number of prisoners on anti-anxiety and anti-depressant or mood related medication; and if she will make a statement on the matter. [37840/21]

Amharc ar fhreagra

Freagraí scríofa

The Irish Prison Service aim to provide healthcare services to those in custody on an equivalent basis to that which is available to those eligible for General Medical Services in the community, including the use of medication as clinically indicated.

I am advised that all medications prescribed for persons in custody are used in line with best practice guidelines, as issued by the Prison Service drugs and therapeutics committee in line with HSE/National Guidance.

As of 8th July, a total of 13 people in custody (0.34% of the prison population) were prescribed medication whose main indication is for the treatment of anxiety.

Some of the medicines in this group may be prescribed for indications other than anxiety, for example, as part of an alcohol withdrawal programme or for other indications such as epilepsy or muscle spasm.

A total of 562 people in custody (14.7% of the prison population) were prescribed medication whose main indication is for the treatment of depression. Some of those medications may also be prescribed for other licensed indications such as Obsessive Compulsive Disorder or Posttraumatic Stress Disorder.

There are 234 people in custody (6.15%) prescribed medications with a licensed indication for the treatment of both depression and anxiety.

However the Deputy will wish to note that in the absence of specific diagnosis for each of these 809 people, it is not possible to definitively give a number for those prisoners prescribed medication solely for depression or anxiety.

Prison Service

Ceisteanna (582)

Réada Cronin

Ceist:

582. Deputy Réada Cronin asked the Minister for Justice the stated capacity of prisons and the current numbers incarcerated in same in tabular form in each of the past ten years; and if she will make a statement on the matter. [37841/21]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the number of persons in custody peaked in February 2011 at 4,621, before falling back to 3,525 in January 2015. However, since 2016, the number of persons in custody had been steadily increasing until March 2020 when this trend was ended with the onset of the Covid-19 pandemic.

Since March 2020, as part of its response to the challenges posed by the Covid-19 pandemic in custodial setting, the Prison Service has been implementing measures to reduce the prison population. This has been done in order to ensure good infection control and to ensure that cells are available for the accommodation of any prisoner who may be required to isolate in accordance with guidance from the public health authorities.

In 2019, in response to increasing prisoner numbers, the Director General introduced a Prison Population Management Plan aimed at identifying the short, medium and long term actions required to address the rising prisoner numbers. As a result, approximately 135 additional beds were introduced. The current bed capacity of the prison estate is 4,375. 

A further 96 prisoner spaces will come on stream in due course (subject to easing of restrictions regarding the Covid-19 pandemic) with the reopening of the Training Unit at Mountjoy as an older persons facility. In addition, the construction of a new male wing and standalone female prison is underway in Limerick Prison and will provide 90 additional male and 40 additional female spaces. It is however, subject to delays due to Covid-19 pandemic.

I am advised by my officials in the Irish Prison Service that the number in custody on 7 July, 2021 was 3,868 representing a 88% occupancy rate.

The attached table 1 sets out the occupancy statistics for the past 10 years.

Statistics from 2009 onwards are available on the Irish Prison Service's website at www.irishprisons.ie/information-centre/statistics-information/

Table 1

Year

Total

Change from previous year %

Persons

Change from previous year %

Male

Female

2019

8,939

10.8%

7,170

10.5%

6,276

894

2018

8,071

-13.1%

6,490

-13.3%

5,724

766

2017

9,287

-38.5%

7,484

-40.5%

6,403

1,081

2016

15,099

-12.2%

12,579

-11.3%

10,033

2,546

2015

17,206

6.5%

14,182

5.8%

11,264

2,918

2014

16,155

2.7%

13,408

2.7%

10,723

2,685

2013

15,735

-7.6%

13,055

-5.8%

10,729

2,326

2012

17,026

-1.7%

13,860

-0.7%

11,709

2,151

2011

17,318

0.8%

13,952

1.4%

12,050

1,902

2010

17,179

11.4%

13,758

11.5%

12,057

1,701

Irish prisons statistics

stated capacity of prisons

Question No. 583 answered with Question No. 565.
Question No. 584 answered with Question No. 565.
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