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Tuesday, 31 May 2022

Written Answers Nos. 574-593

An Garda Síochána

Ceisteanna (576)

Jim O'Callaghan

Ceist:

576. Deputy Jim O'Callaghan asked the Minister for Justice the proposals that exist to extend the retirement age of members of An Garda Síochána; and if she will make a statement on the matter. [27358/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the retirement of members of An Garda Síochána is governed by law, which sets the mandatory retirement age for all members at 60 years of age. Members of An Garda Síochána who joined prior to 1 April 2004 may retire on full pension at 50 years of age once they have served at least 30 years and those who joined on or after 1 April 2004 may retire on full pension at 55 years of age with 30 years’ service.

My Department has been carrying out a review of the compulsory retirement age for members of An Garda Síochána and this work is now at an advanced stage.

Child Abuse

Ceisteanna (577)

Bríd Smith

Ceist:

577. Deputy Bríd Smith asked the Minister for Justice the number of cases of alleged historical child sexual abuse that the DPP did not prosecute, by year, for the past three years and present, in tabular form. [27434/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Director of Public Prosecutions (DPP) is an independent law officer under the Prosecution of Offences Act 1974 (as amended) and I have no role in relation to the work of the Office of the DPP.

As such I am unable to comment on the number of files received by the DPP or on decisions in relation to prosecutions brought by that office.

I would advise the Deputy to direct any questions in relation to the work of the Office of the DPP directly to that office.

Court Accommodation

Ceisteanna (578)

Carol Nolan

Ceist:

578. Deputy Carol Nolan asked the Minister for Justice when funding will become available to complete the new courthouse project at Kylekiproe, Portlaoise, County Laois; and if she will make a statement on the matter. [27537/22]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in the exercise of its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided me with an update on this matter.

The Government's revised National Development Plan 2021 -2030 includes a number of Courts Service projects to be completed during the period of the plan, including:

ICT projects to support the Courts Service Modernisation Programme;

Provision of further new or refurbished courthouses in cities and county towns where facilities remain substandard. Locations where investment is needed include Galway City, Wicklow Town, Portlaoise, Tralee, Roscommon, Naas, Bray, Navan, Swords, Tallaght and Dun Laoghaire. In some of these locations, the proposed projects will include the provision of facilities for Regional Family Law Centres;

Family Law Complex on Hammond Lane to be developed by PPP;

A new Children’s Court in Dublin; and

Modernisation of the Four Courts complex.

The priority project for the period up to 2025 is the proposed new Family Law Complex in Hammond Lane. The timing and delivery of the remaining projects, will be dependent on the availability of funding over the remainder of the NDP.

Specifically in relation to Portlaoise, as the Deputy will be aware, the current courthouse is located in the town centre. The site at Kylekiproe will be used to build a new courthouse once funding becomes available. The purchase of the site was completed in 2020.

Asylum Applications

Ceisteanna (579)

Pearse Doherty

Ceist:

579. Deputy Pearse Doherty asked the Minister for Justice the status of an Afghan admission programme application by a person (details supplied) in County Donegal. [27560/22]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy made an application to the Afghan Admission Programme, which was received by my Department on 25 February 2022. My Department has received 528 applications to the Programme in total, and my officials are currently processing all applications with decisions due to issue in the coming months.

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

Asylum Applications

Ceisteanna (580, 581)

Catherine Connolly

Ceist:

580. Deputy Catherine Connolly asked the Minister for Justice the indicative decision timeline for the Afghan Admission Programme; when she expects all applicants to have received a decision in respect of their application; and if she will make a statement on the matter. [27564/22]

Amharc ar fhreagra

Catherine Connolly

Ceist:

581. Deputy Catherine Connolly asked the Minister for Justice her plans to extend the Afghan Admission Programme beyond the original 500, to meet the number of eligible applications received; and if she will make a statement on the matter. [27565/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 580 and 581 together.

In response to the humanitarian situation in Afghanistan, I opened the special Afghan Admission Programme for applications on 16 December 2021. The Programme closed on 11 March 2022 and my Department is currently processing the 528 applications received.

The Programme enables current or former Afghan nationals living legally in Ireland to apply to have certain close family members come to live with them in Ireland. As you will appreciate, no immigration programme can be unlimited in scope. In line with policy considerations, certain conditions apply. The Programme has been developed to allow as many families as possible the opportunity to have some family members join them here in Ireland.

The eligibility criteria requires that the proposer must be able to maintain their nominated family members, including providing them with accommodation. They would also be responsible for covering all travel costs to Ireland, if approved.

Officials in my Department are currently processing all of the applications received and expect to issue decisions in the coming months.

Question No. 581 answered with Question No. 580.

Coroners Service

Ceisteanna (582)

Bríd Smith

Ceist:

582. Deputy Bríd Smith asked the Minister for Justice if she has plans to include a complaints mechanism for families during a reform process of the Coroner’s Courts system; when this reform process will take place; and if she will make a statement on the matter. [27574/22]

Amharc ar fhreagra

Freagraí scríofa

Coroners are independent quasi-judicial officials whose function under the Coroners Acts 1962-2020 is to investigate sudden and unexplained deaths so that a death certificate can issue.

My Department has no role in directing the work of coroners during their death investigation, which may culminate in an inquest.

Coroners endeavour, as far as possible, to show great sensitivities towards bereaved families and to accommodate their concerns. However, coroners must also have regard to the statutory requirements involved and the interests of other parties at an inquest.

The Deputy's suggestion regarding a possible complaints procedure can be considered further during the review of the coroner service currently underway in my Department, as committed to in my Justice Plan 2022.

The Deputy may be interested to know that the Irish Human Rights and Equality Commission recently published “Information on the Rights of Families at Inquest", which provides guidance to bereaved families in their engagement with the death investigation process conducted by a coroner. It can be found on their website at:

www.ihrec.ie/app/uploads/2022/05/Information-on-the-Rights-of-Families-at-Inquests-web.pdf

Road Traffic Offences

Ceisteanna (583)

Peadar Tóibín

Ceist:

583. Deputy Peadar Tóibín asked the Minister for Justice the number of roadside drug tests that were carried out by An Garda Síochána in each of the past five years; the number of these tests that were positive in that period; the number of drivers who received a driving ban as a result of these tests; the number of driver drug tests that were carried out in total for each of the past five years; the number of these tests that were positive in each of the past five years; and the number of drivers who received a driving ban as a result of these tests in each of the past five years. [27584/22]

Amharc ar fhreagra

Freagraí scríofa

I have sought the information requested by the Deputy from the Garda authorities, unfortunately this was not available in time. I will write to the Deputy again once the information is to hand.

The following deferred reply was received under Standing Order 51:
I refer to Parliamentary Question No. 583 of 31 May 2022 where you asked:
  ‘the number of road side drug tests that were carried out by An Garda Síochána in each of the past five years; the number of these tests that were positive in that period; the number of drivers who received a driving ban as a result of these tests; the number of driver drug tests that were were carried out in total for each of the past five years; the number of these tests that were positive in each of the past five years; and the number of drivers who received a driving ban as a result of these tests in each of the past five years.’
  As you will recall, Minister McEntee sought the information from the Garda authorities and undertook to contact you again once the information was to hand. As I have since taken office I am responding to your question.
As you will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended), which includes the enforcement of road traffic legislation and the recording of information on the Garda IT systems. As Minister, I play no role in these independent functions.
I am advised by the Garda authorities that, following the issues identified in 2016 in relation to the recording of breath tests performed by Garda members, improved governance and recording structures were put in place by An Garda Síochána.
The improved recording structures were implemented on the PULSE System on 13 August 2017 and this date is taken as the start point for the examination of data for intoxicant testing carried out at Mandatory Intoxication Testing (MIT) Checkpoints.
The table below provides the breakdown of tests carried out from the date above up to and including 30 November 2022. The information is as recorded on PULSE on 5 December 2022 and is operational and subject to change.

2017*

2018

2019

2020

2021

2022

Positive Roadside Oral Fluid Tests

60

269

562

562

476

391

Negative Roadside Oral Fluid Tests

405

1767

2960

3724

3260

2276

Total Roadside Oral Fluid Tests

465

2036

3522

4286

3736

2667

 
In relation to the number of drivers banned as a result of these tests, as you may be aware any driving ban can only be handed down by a judge in the relevant Court. You will appreciate that management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
 
However, to be of assistance, enquiries were made to the Courts Service for the relevant statistics. I am advised that, regrettably, the Courts Service would not be in a position to state if those offences that resulted in a driving ban were a result of ‘Roadside Drug Testing’, as this is not recorded on the Courts Service systems.

Departmental Data

Ceisteanna (584)

Peadar Tóibín

Ceist:

584. Deputy Peadar Tóibín asked the Minister for Justice the number of citizens who have between 1 and 10 , 10 and 20, 20 and 30, 30 and 40, 40 and 50, 50 and 60, 60 and 70 convictions, respectively, in the State; and the number of citizens with convictions continuing in each group up to the highest number of convictions achieved by the citizens with the most convictions. [27586/22]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Court Service and the Garda Commissioner that statistics are not compiled in such a way as to be able to provide the information sought by the Deputy.

It may interest the Deputy to know that the Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society with a specific commitment to review policy options for prison and penal reform. This is being taken forward with a particular focus on reducing reoffending.

As part of this work, a cross-sectoral group which includes the Head of Criminal Justice Policy in my Department, the Director-General of the Irish Prison Service and the Director of the Probation Service, was established last year.

I intend to publish a Penal Policy Action Plan shortly which will set out the actions we will take according to timelines that will be published. Among the issues which will be looked at in the plan are the appropriate use of non-custodial sanctions and the role they can play in addressing criminality, reducing reoffending and providing protection to the public while holding the individual accountable.

This work will also build on a number of initiatives that have been introduced over the past decade to reduce reoffending, including Community Return and Community Support Schemes and the Joint Agency Response to Crime (JARC).

The "Working to Change Social Enterprise and Employment Strategy 2021-2023" sets out my Department’s direction for supporting employment options for people with convictions by simultaneously working to remove systemic barriers so that people can make sustainable changes. It builds upon a solid foundation of employment supports already in place across the criminal justice sector and is a collaboration between the Prison and Probation Service and my Department.

It is also known that substance abuse is an indicator of an increased likelihood of recidivism.

To look at how we address this, last April, together with the Minister for Health and Ministers of State Frank Feighan and Mary Butler, I established a High Level Taskforce to consider the mental health and addiction challenges of persons interacting with the criminal justice system.

In recognition of the need for a cross-Government approach to meeting the complex needs of such people, the Taskforce comprises representatives from a wide cross section of health agencies, the Justice sector and other relevant stakeholders. I am very pleased with the progress made by the Taskforce to date - they submitted an interim report to Minister Donnelly and I in November 2021 and the final report and high level implementation plan for their recommendations are expected in the coming weeks.

Crime Prevention

Ceisteanna (585)

Peadar Tóibín

Ceist:

585. Deputy Peadar Tóibín asked the Minister for Justice if she plans to increase the penalty received by citizens who have multiple convictions in an effort to deter crime; and if she will make a statement on the matter. [27587/22]

Amharc ar fhreagra

Freagraí scríofa

The standard approach with regard to sentencing provisions in criminal legislation is for the Oireachtas to specify the criminal offence concerned and the maximum penalty that may be imposed on persons found guilty. It is then a matter for the sentencing Judge to consider the penalty.

As the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. As a general rule, the court is required to impose a sentence which is proportionate not only to the crime but to the individual offender. In doing so, the Court identifies where on the sentencing range the particular case should lie and then applies any mitigating factors which may be present.

An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.

Under the Judicial Council, a Sentencing Guidelines Committee was established on 30 June last year. The Committee is responsible for compiling guidelines designed to increase consistency in relation to criminal sentences and this work is being progressed.

As the Deputy will be aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society with a specific commitment to review policy options for prison and penal reform.

As part of this work, a cross-sectoral group which includes the Head of Criminal Justice Policy in my Department, the Director-General of the Irish Prison Service and the Director of the Probation Service, was established last year.

I intend to publish a Penal Policy Action Plan shortly which will set out the actions we will take according to timelines that will be published. Among the issues which will be looked at in the plan are the appropriate use of non-custodial sanctions and the role they can play in addressing criminality, reducing reoffending and providing protection to the public while holding the individual accountable.

This work will also build on a number of initiatives that have been introduced over the past decade to reduce reoffending, including Community Return and Community Support Schemes and the Joint Agency Response to Crime (JARC).

The "Working to Change Social Enterprise and Employment Strategy 2021-2023" sets out my Department’s direction for supporting employment options for people with convictions by simultaneously working to remove systemic barriers so that people can make sustainable changes. It builds upon a solid foundation of employment supports already in place across the criminal justice sector and is a collaboration between the Prison and Probation Service and my Department.

We also know that substance abuse is an indicator of an increased likelihood of recidivism.

To look at how we address this, last April, together with the Minister for Health and Ministers of State Frank Feighan and Mary Butler, I established a High Level Taskforce to consider the mental health and addiction challenges of persons interacting with the criminal justice system.

In recognition of the need for a cross-Government approach to meeting the complex needs of such people, the Taskforce comprises representatives from a wide cross section of health agencies, the Justice sector and other relevant stakeholders. I am very pleased with the progress made by the Taskforce to date - they submitted an interim report to Minister Donnelly and I in November 2021 and we now expect to receive the final report and high level implementation plan for their recommendations in the coming weeks.

Departmental Staff

Ceisteanna (586)

Mary Lou McDonald

Ceist:

586. Deputy Mary Lou McDonald asked the Minister for Justice the number of staff employed in her Department, by gender and by civil service salary scale, in tabular form. [27601/22]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is outlined in the table below, which sets out the number of staff in my Department by gender and pay grade.

Grade

Female

Secretary General

1

Deputy Secretary

1

Assistant Secretary

3

Director

1

Principal Officer

30

Assistant Principal

88

Administrative Officer

25

Higher Executive Officer

113

Executive Officer

223

Clerical Officer

379

Services Officer

10

Professional/Technical Post

6

Legislative Programme

Ceisteanna (587)

Dara Calleary

Ceist:

587. Deputy Dara Calleary asked the Minister for Justice the proposed timeline for passing the Garda Síochána (Digital Recording) Bill 2021; and if she will make a statement on the matter. [27644/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, Justice Plan 2022 commits to the publication of the Garda Síochána (Recording Devices) Bill, previously called the Digital Recordings Bill. This important legislation will make provision for Garda powers to use modern digital technology including body worn cameras, Automatic Number Plate Recognition (ANPR) and CCTV, with a view to enactment by the Oireachtas.

The Bill will provide statutory underpinning for Garda overt recording, which will include CCTV authorised in local communities by the Garda Commissioner. The proposed Bill will repeal section 38 of the 2005 Garda Act and replace existing provisions with new CCTV provisions. This legislation can facilitate the role of CCTV in preventing and prosecuting those involved in criminal activity, in line with the commitment in the Programme for Government.

The General Scheme of the Garda Síochána (Digital Recording) Bill 2021 was approved by the Government and published on the 29th April 2021. The General Scheme was sent to the Office of Parliamentary Counsel for formal drafting. The General Scheme was also submitted to the Oireachtas Committee on Justice for pre-legislative scrutiny. The Committee’s report was received in December 2021.

The Garda Síochána (Recording Devices) Bill is expected to be taken at second stage in the Dáil by the end of June. Committee stage is expected to take place in the autumn, and the Bill is expected to be fully enacted by the end of the year.

As the Deputy may be aware, it is my intention to seek Cabinet approval to include measures around facial recognition as committee stage amendments to the Recording Devices Bill. The use of facial recognition technology, artificial intelligence and other digital evidence management systems would be used to search or process evidence held by An Garda Síochána. A number of safeguards will be built in to the legislation to ensure that any potential intrusions into citizen’s private lives are necessary and proportionate and are for justifiable policing purposes

Programme for Government

Ceisteanna (588)

Imelda Munster

Ceist:

588. Deputy Imelda Munster asked the Minister for Justice the status of the Programme for Government pledge to clarify and strengthen contempt-of-court sanctions for violations on social media; and if she will make a statement on the matter. [27679/22]

Amharc ar fhreagra

Freagraí scríofa

To deliver a safe, fair and inclusive Ireland, we must have a system that has all the necessary tools to ensure protection for all.

The Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society. This includes a commitment to clarify and strengthen contempt of court sanctions for violations on social media.

My Justice Plan 2022 also commits to developing proposals to deal with contempt of court sanctions for violations on social media. This is dependent on the publication of the Law Reform Commission's final report on the issue of contempt, which is awaited by my Department before any consideration of legislative change in this area can occur.

Domestic Violence

Ceisteanna (589)

Jennifer Carroll MacNeill

Ceist:

589. Deputy Jennifer Carroll MacNeill asked the Minister for Justice the status of the provision of a domestic violence refuge for Dún Laoghaire; and if she will make a statement on the matter. [27738/22]

Amharc ar fhreagra

Freagraí scríofa

As you may be aware, in February, Ministers O’Gorman and I welcomed the publication of the Tusla review of accommodation services for victims of domestic, sexual and gender-based violence.

The review identifies priority areas where there is greatest urgency in achieving safe accommodation for victims of domestic violence and we will use the findings of this review as one of the ways to address gaps in the provision of refuge places.

As part of the work to finalise the third national strategy to combat domestic and sexual violence, we looking at how to advance the recommendations made in the Tusla review to improve how we deliver refuge spaces, both in the immediate and longer term.

We all acknowledge the need to dramatically increase the provision of refuges.

While the review says that a minimum of between 50 and 60 new refuge places are needed as a priority, further analysis has identified 10 locations nationwide where the delivery of 82 family refuge spaces would have the most impact if prioritised.

These locations and refuge need have been chosen on the basis of required proximity to a refuge, as well as a need for refuge spaces per population in densely populated areas. They represent areas where there is the most significant under-provision and are a starting point to increasing refuge spaces comprehensively and in every county across the country.

The initial areas identified include 10 family places identified for Dun Laoghaire/Rathdown

It is our goal that everyone who needs a refuge space will get one and we are committed to working with those working in the sector to achieve that goal.

At present, the time taken from initiation to the delivery of units can take a number of years.

In order to see if it is possible to shorten that timeframe, I established a high level Inter-Departmental Group to review the current system for the provision of refuge spaces and to identify changes that can be made to the system to deliver additional spaces in the shortest timeframe possible. That group is due to report to me in June.

We will be working to make these units available as soon as possible – this is a priority for this Government.

An Garda Síochána

Ceisteanna (590, 591)

Sorca Clarke

Ceist:

590. Deputy Sorca Clarke asked the Minister for Justice the number of gardaí in counties Longford and Westmeath who have completed a one-day competency-based driver level one assessment, which allows gardaí to drive patrol cars but not turn on their sirens or flashing blue lights in 2020, 2021 and to date in 2022, in tabular form. [27776/22]

Amharc ar fhreagra

Sorca Clarke

Ceist:

591. Deputy Sorca Clarke asked the Minister for Justice the number of gardaí in counties Longford and Westmeath who have completed the competency-based driver level two assessment, which allows gardaí to pursue vehicles at high speeds, use the sirens and turn on the flashing blue lights in 2020, 2021 and to date in 2022, in tabular form. [27777/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 590 and 591 together.

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda training. As Minister, I have no role in such matters.

The tables below, furnished to me by the Garda authorities, show the number of Garda members in Longford and Westmeath who have successfully completed Competency Based Driving Levels 1 and 2 in the years in question.

Competency Based Driving 1

2020

2021

2022

Longford

0

2

0

Westmeath

0

1

0

Competency Based Driving 2

2020

2021

2022

Longford

2

1

1

Westmeath

4

1

1

Question No. 591 answered with Question No. 590.

An Garda Síochána

Ceisteanna (592)

Sorca Clarke

Ceist:

592. Deputy Sorca Clarke asked the Minister for Justice the number of gardaí in counties Longford and Westmeath who have not completed either level one or level two of the competency-based driver assessment. [27778/22]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information sought by the Deputy from the Garda authorities. Unfortunately this was not to hand in time. I will write to the Deputy once the information is received.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 592 of 31 May 2022 where you sought:
“To ask the Minister for Justice the number of Garda in counties Longford and Westmeath that have not completed either level one or level two of the competency based driver assessment.”
As you will recall, Minister McEntee sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand. The delay in responding to you is regretted.
As you are aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including training. As Minister, I have no direct role in these matters.
I am informed by the Garda authorities that the table below displays the number of Gardaí who received training in CBD1, CBD2 and CBD2 excluding Van Course driving courses in the Meath/ Westmeath Division and Mayo/ Roscommon/ Longford Division for each year between 2020 and 2022 as of 25 November 2022.
I understand that the available data represents the number of Garda members who have received training. The information is not stored in the manner referred to in the question.
I also understand that the figures available to the Garda Authorities are based on the relevant Garda Division and unfortunately are not geographically aligned with the county boundaries. Therefore, stats based specifically on County Westmeath and County Longford cannot be obtained.

Meath / Westmeath Division

2020

2021

* 2022

CBD1

0

51

0

CBD2

7

2

18

CBD2 – excl Van Course

0

1

6

Mayo / Roscommon / Longford Division

2020

2021

* 2022

CBD1

0

4

1

CBD2

5

4

15

CBD2 – excl Van Course

0

0

4

* Figures are up to 25 November 2022.
I hope that this information is of assistance.

An Garda Síochána

Ceisteanna (593)

Sorca Clarke

Ceist:

593. Deputy Sorca Clarke asked the Minister for Justice the number of gardaí in counties Longford and Westmeath who have faced disciplinary action for using the siren or flashing blue lights without a level two competency-based driver assessment, in tabular form. [27779/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible for the administration and management of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended). The Commissioner is also responsible for the maintenance of Garda discipline under the Garda Discipline Regulations. As Minister, I play no role in internal discipline matters within An Garda Síochána.

I am advised by the Garda authorities that it is not possible to provide a response to the Deputy's question due to the narrow parameters of the query which could lead to the identification of individual members in that area.

Barr
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