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Thursday, 12 Oct 2023

Written Answers Nos. 81-100

Road Projects

Ceisteanna (81)

Noel Grealish

Ceist:

81. Deputy Noel Grealish asked the Minister for Transport further to Parliamentary Question No. 136 of 20 September 2023, if the Government will commit to make funding available for the N6 Galway city ring road should the project be given the go-ahead by An Bord Pleanála rather than referring the question to Transport Infrastructure Ireland; and if he will make a statement on the matter. [44496/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals.

I can confirm that €3 million has been allocated for this project in 2023 to meet commitments and to cover costs arising from the decision of the Board. As with all national roads projects in the NDP, the delivery programme for the project will be kept under review for 2024 and considered in terms of the overall funding envelope available to TII.

Noting the above position, I have referred your question to TII for a direct reply updating you on the status of this project. Please advise my private office if you do not receive a reply within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Driver Test

Ceisteanna (82)

Danny Healy-Rae

Ceist:

82. Deputy Danny Healy-Rae asked the Minister for Transport for an update on a matter (details supplied); and if he will make a statement on the matter. [44498/23]

Amharc ar fhreagra

Freagraí scríofa

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. Consequently, information on applicants is held by the RSA and neither I nor my Department have the power to intervene in individual cases.

On the broader issue of delays, the service has been under significant pressure to meet unprecedented demand, which has increased by 28% compared with 2021 figures. In response to these pressures, the Authority reviewed the capacity of the driver testing service and, following a request for additional resources, my Department gave approval for the recruitment of up to 75 additional driver testers. This brings the total number of sanctioned driver tester posts to just over 200. 

This recruitment is underway and being managed by the Authority. I have been advised that the first tranche of new recruits was deployed in September. The additional driver testers are being allocated across the driver testing service with a focus on geographical areas with the longest waiting times and highest demand for tests.

As the additional driver testers are trained and deployed, the backlog for driver testing services will begin to decline and the RSA estimate that the agreed service levels of average wait times of 10 weeks or less will resume in mid-2024.

Driver Test

Ceisteanna (83)

Michael Creed

Ceist:

83. Deputy Michael Creed asked the Minister for Transport if he will expedite a driving test for a person (details supplied); and if he will make a statement on the matter. [44504/23]

Amharc ar fhreagra

Freagraí scríofa

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. Consequently, information on applicants is held by the RSA and neither I nor my Department have the power to intervene in individual cases.

On the broader issue of delays, the service has been under significant pressure to meet unprecedented demand, which has increased by 28% compared with 2021 figures. In response to these pressures, the Authority reviewed the capacity of the driver testing service and, following a request for additional resources, my Department gave approval for the recruitment of up to 75 additional driver testers. This brings the total number of sanctioned driver tester posts to just over 200. 

This recruitment is underway and being managed by the Authority. I have been advised that the first tranche of new recruits were deployed in September. The additional driver testers are being allocated across the driver testing service with a focus on geographical areas with the longest waiting times and highest demand for tests.

As the additional driver testers are trained and deployed, the backlog for driver testing services will begin to decline and the RSA estimate that the agreed service levels of average wait times of 10 weeks or less will resume in mid-2024.

Road Safety Authority

Ceisteanna (84)

Seán Crowe

Ceist:

84. Deputy Seán Crowe asked the Minister for Transport for an indicative date by which the two vacant positions on the Board of the Road Safety Authority will be filled; and if he will make a statement on the matter. [44507/23]

Amharc ar fhreagra

Freagraí scríofa

Appointments to State Boards under the aegis of my Department are made in line with the Government Guidelines on Appointments to State Boards.  

In relation to the board of the Road Safety Authority, the Public Appointments Service launched a campaign for non-executive directors to fill current and upcoming vacancies on the board in June 2023. That recruitment process is expected to be finalised shortly, with new appointees to the board to announced thereafter.

Driver Test

Ceisteanna (85)

Danny Healy-Rae

Ceist:

85. Deputy Danny Healy-Rae asked the Minister for Transport if he will give consideration to an issue (details supplied); and if he will make a statement on the matter. [44512/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has responsibility for the regulation of fares charged to passengers in respect of public transport services provided under public service obligation (PSO) contracts. 

As the Deputy will be aware, the Young Adult Card was launched on PSO services on the 9th of May 2022, and was extended to participating commercial services in September 2022. The YAC provides young adults aged 19-23, and full-time third students aged 16 and upwards with a 50% discounted fare on such services. A further 20% average fare reduction on PSO services was introduced in 2022 as part of a suite of Government measures to help combat the rising cost of living. Funding was provided under Budget 2023 for the continuation of both of these fare initiatives

I am pleased to advise that I have recently secured under Budget 2024 for the continuation of the 20% average fare reduction on PSO services, and for an extension of the upper limit of the YAC from 23 to 25 years of age.

Departmental Expenditure

Ceisteanna (86)

Michael Ring

Ceist:

86. Deputy Michael Ring asked the Minister for Transport to provide a detailed list of spend to date in relation to programmes (details supplied) since 1 January 2020; and if he will make a statement on the matter. [44525/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to Active Travel. Funding is administered through the National Transport Authority (NTA), who, in partnership with local authorities, have responsibility for the selection and development of specific projects in each local authority area.

Noting the role of the NTA in the matter, I have referred your question to that agency for a more detailed answer. If you do not receive a reply within 10 working days, please contact my private office.

A referred reply was forwarded to the Deputy under Standing Order 51

Bus Services

Ceisteanna (87, 91)

Robert Troy

Ceist:

87. Deputy Robert Troy asked the Minister for Transport if he will re-instate the Dublin to Galway direct airport service stopping in Athlone. [44538/23]

Amharc ar fhreagra

Robert Troy

Ceist:

91. Deputy Robert Troy asked the Minister for Transport if he will re-instate the Galway to Dublin airport route via Athlone. [44567/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 87 and 91 together.

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling of those services in conjunction with the relevant transport operators.

Following further clarification from the Deputy, I understand that this query is in relation to Dublin to Galway route that was formerly operated by a commercial bus operator, Citylink.

As a commercial operator, any decisions taken by Citylink regarding routes scheduling and timetabling, are a matter for the company.

As the NTA is also the licensing authority for the commercial bus sector, I have also forwarded the Deputy's question, to the Authority for direct reply. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Rail Network

Ceisteanna (88)

Robert Troy

Ceist:

88. Deputy Robert Troy asked the Minister for Transport what measures are being undertaken to ensure greater bicycle storage facilities on rail carriages. [44539/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, to enable additional capacity to be added to Iarnród Éireann (IÉ) services within as short a timeframe as possible, an order was placed in December 2019 for the provision of 41 Inter-City Railcar (ICR) intermediate carriages. These ICRs have been delivered and will enter service next year. 

Each of the new ICR intermediate carriages incorporates a large multipurpose area at one end. These areas will have sufficient space to accommodate 2 bicycles; combined with the bicycle rack already located in the cab/end vehicle of each ICR unit, this will enable at least 4 bicycles to be carried on each ICR unit, which aligns with the latest bicycle carriage requirements applicable to new and refurbished trains destined for operation within the European Union (e.g. each new DART unit will have space for at least 4 bicycles). 

In addition, in 2023 funding has been allocated to an IÉ project to install new bicycle racks and tip-up seats area on existing units. Two seating bay areas consisting of 7 seats will be removed and replaced with 4/5 bicycle spaces and 6 tip-up seats. 

Overall, the combination of the new ICRs along with the upgrade of existing trains will help to accommodate more bicycles on rail carriages.

Compulsory Purchase Orders

Ceisteanna (89)

Catherine Murphy

Ceist:

89. Deputy Catherine Murphy asked the Minister for Transport if he will provide a schedule of lands and buildings his Department and bodies under his aegis acquired by using a compulsory purchase order in the past 20 years to date; and the amount expended on same. [44551/23]

Amharc ar fhreagra

Freagraí scríofa

All office and other accommodation occupied by my Department is generally provided by the Office of Public Works (OPW) which is responsible for the procurement of office and other accommodation required by Government Departments. 

My Department has not acquired any lands or buildings by using Compulsory purchase order in the past 20 years.

Land and Buildings acquired by State bodies under my Departments remit are the responsibility of the agencies themselves and I have referred your question to them for a direct reply.  Please advise my private office if you do not receive a reply within 10 working days.

Question No. 90 answered with Question No. 75.
Question No. 91 answered with Question No. 87.

Tax Code

Ceisteanna (92)

Neasa Hourigan

Ceist:

92. Deputy Neasa Hourigan asked the Minister for Finance if he will outline any approaches or negotiations engaged in by Ireland with other EU Member States to waive the exemption on aviation fuel tax for intra-community flights; and if he will make a statement on the matter. [44476/23]

Amharc ar fhreagra

Freagraí scríofa

Ireland’s excise duty treatment of fuel used for air navigation is governed by European Union (EU) law as set out in Directive 2003/96/EC on the taxation of energy products and electricity, commonly known as the Energy Tax Directive (ETD). The provisions of the current ETD relating to aviation fuels are transposed into national law in Finance Act 1999 (as amended), which provides for the application of excise duty in the form of Mineral Oil Tax (MOT) to liquid fuels used for motor and heating purposes. 

Under the current ETD, Member States must tax all fuels used for non-commercial aviation purposes. In line with EU law, MOT is applied to light oil (aviation gasoline) and heavy oil (jet fuel/Jet A1/jet kerosene) used for private pleasure flying. Private pleasure flying is defined as the use of an aircraft by its owner or the natural or legal person who enjoys the use either through hire or through any other means, for other than commercial purposes and, in particular, other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities. The current rate of MOT for light oil used for private pleasure flying is €606.39 per 1,000 litres and for heavy oil is €526.83 per 1,000 litres.

With regard to light oil used for commercial air navigation, the current ETD gives Member States the option to fully or partially relieve the relevant excise duty. MOT law currently provides for a partial exemption for aviation gasoline used for all commercial air navigation and an effective rate of €374.12 per 1,000 litres applies.

Heavy oil is the most commonly used fuel type in commercial air navigation and the ETD currently obliges all Member States to exempt heavy oil used for intra-Community and international air transport purposes. A Member State may waive this exemption for intra-community flights but only where it has entered into a bilateral agreement with another Member State to tax fuel. No such agreements are currently in place across the EU. Regarding heavy oil used for commercial domestic air navigation, the ETD allows Member States to exempt such fuel use fully or partially. Currently, Ireland’s MOT law provides for a full MOT relief for heavy oil used for all commercial air navigation, including domestic, intra-community, and international.

In July 2021, as part of the Fit for 55 Package, the Commission published a proposal to revise the Energy Tax Directive. The taxation of intra-community flights forms part of this proposal.  Ireland has been actively engaged in negotiations of this proposal, which are ongoing.

Primary Medical Certificates

Ceisteanna (93)

Danny Healy-Rae

Ceist:

93. Deputy Danny Healy-Rae asked the Minister for Finance for an update on the Primary Medical Cert Appeals Board; and if this Board is up and running and dealing with appeals. [44514/23]

Amharc ar fhreagra

Freagraí scríofa

Progress has been made on efforts to convene a new Disabled Drivers Medical Board of Appeals (DDMBA), to secure new hosting arrangements for the DDMBA and to recommence the appeals process.

I have now formally appointed all five members to the new DDMBA. Funding arrangements between the Department of Finance and the Department of Health have been agreed. On this basis the National Rehabilitation Hospital has confirmed they will again host the DDMBA.  Preparatory work is underway, that will include due deliberation on how best to clear the backlog. The appeals process will re-commence upon completion of this work. In parallel, my officials are working with the NRH to conclude other conditions for new hosting arrangements, which may continue after the appeals process is again up and running.

I appreciate that it has taken far longer than anticipated to get to this point. With the Department of Health we have had to run four Expression of Interest campaigns over 18 months to source the legislatively required five members. We have also had to re-negotiate  new hosting arrangements with the NRH following their withdrawal of services in February 2023.

Finally you  should note that I have no role in relation to the granting or refusal of PMCs and the HSE and the Medical Board of Appeal must be independent in their clinical determinations.

Tax Code

Ceisteanna (94)

Damien English

Ceist:

94. Deputy Damien English asked the Minister for Finance further to Parliamentary Question No. 441 of 11 September 2023, if he is aware and if he will agree that the Revenue Commissioners methodology of taxpayer units includes all unearned income and part-time workers, and that if unearned income was removed along with part-time workers, the amount of the population that pays the top rate of tax at 40% would be higher; and if he will make a statement on the matter. [44523/23]

Amharc ar fhreagra

Freagraí scríofa

I am advised by Revenue that all those in receipt of income liable to income tax are subject to an Income Tax assessment. Such income can be made up of many sources, including employment income, profit from a trade or profession, rental income, dividend income, and many other sources.

The Deputy should note that the data presented on page 2 of Revenue’s Ready Reckoner (available at the following link: www.revenue.ie/en/corporate/documents/statistics/ready-reckoner.pdf) incorporates all taxpayers subject to income tax, regardless of the source of their taxable income. I assume the Deputy means that unearned income would be removed for statistical analyses only. Furthermore, it is assumed that reference to unearned income means passive income (i.e., a source of income not earned from working).

It is not possible to quantify the impact sought by the Deputy as a taxpayer’s income tax liability is calculated on the total of their combined income sources (i.e., both earned and unearned income). Even if it were possible to do this, it would present a very misleading picture, and not in accordance with how income tax is actually applied by the Tax Code.  Specifically, the Tax Code does not differentiate between earned and unearned income when applying the 40% or 20% rates of tax.

Finally, there is no information available in Revenue data to classify taxpayers as part-time and therefore such taxpayers cannot be identified and excluded for statistical analyses.

Banking Sector

Ceisteanna (95)

Joe O'Brien

Ceist:

95. Deputy Joe O'Brien asked the Minister for Finance the details of any regulation or policy that governs the provision of ATMs in public places that are not physically connected to a commercial bank; and if there is any obligation or regulation on the providers of such ATMs to ensure these ATMs are not removed, thus potentially leaving a community without access to cash. [44554/23]

Amharc ar fhreagra

Freagraí scríofa

The Retail Banking Review, published by my Department in November 2022, concluded that cash, despite a decline in its usage, remains an important element of the payments system and the broader economy and it is essential that cash remains readily available to customers through ATMs and other means across the country.  It also concluded that there was still reasonable access to cash at the moment but noted that neither the Minister for Finance, nor the Central Bank, had any powers to ensure this.

Accordingly, the Review recommended that the Department of Finance should develop Access to Cash legislation and prepare heads of a bill in 2023 with the initial objective of developing criteria that would secure access to cash at about the levels prevailing in December 2022 but also provide for such criteria to be amended appropriately in future as and when cash usage declines further.

The key objective is to ensure that evolution of the access to cash infrastructure does not move ahead of society's needs and expectations and that the future evolution is handled in a fair, transparent, and equitable manner.  

The Review also called on Department officials to prepare heads of a bill in 2023 to require ATM operators to be regulated.

Accordingly, relevant provisions for ATM operators, both those connected to a commercial bank and independent ATMs (IADs) will feature in the Access to Cash legislation.  

Work is well underway by officials in my Department on this important piece of legislation and Heads will be brought to Government before the end of this year to seek approval to draft the Bill and to submit it for pre-legislative scrutiny to the Joint Oireachtas Committee on Finance, Public Expenditure and Reform and the Taoiseach.

It should also be noted that the European Commission published a proposal for a Payment Services Directive 3 and Payment Services Regulation which will bring in new requirements for the regulation of ATM operators, including IADs, across all member states. It is expected that the Access to Cash legislation will be consistent with this EU legislation.

Compulsory Purchase Orders

Ceisteanna (96)

Catherine Murphy

Ceist:

96. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform further to Parliamentary Question No. 202 of 20 September 2023, if he will provide an update in respect of the OPWs attempt to make use of the CPO process to acquire lands in the common good. [44541/23]

Amharc ar fhreagra

Freagraí scríofa

The Commissioners of Public Works have the ability to initiate a compulsory purchase of lands and buildings under the following legislation:

• Barrow Drainage Act 1927 and 1933:

Enacted to make provision for the formulation and maintenance of a scheme of arterial drainage on the River Barrow and its tributaries. Section 7 of the Act empowered the Commissioners to compulsorily acquire lands or rights in lands in connection with a scheme approved by the Minister.

• Arterial Drainage Acts 1945 - 1995:

Enacted to make provision for drainage and improvement of land by the execution of works of arterial drainage.

• Coast Protection Act 1963:

Enacted to make provision for coastal protection and encroachment by the sea in connection with schemes approved by the Minister. 

• Garda Síochána (Acquisition of Sites and Retention of Premises) Act 1948:

Enacted to provide for the acquisition, (with the consent of the Ministers for Justice and Finance), of land as a site for a Garda Síochána station or for a house for a member of the Garda Síochána

The OPW does not have the powers to undertake a CPO in this instance as it pertains to the property issues in Castletown House, Celbridge.  This could be an option for other State organisations.

Compulsory Purchase Orders

Ceisteanna (97)

Catherine Murphy

Ceist:

97. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide a schedule of lands and buildings his Department and bodies under his aegis acquired by using a compulsory purchase order in the past 5 years to date; and the amount expended on same. [44550/23]

Amharc ar fhreagra

Freagraí scríofa

I provided the Deputy in response to PQ 43632 the statutory powers that allows the Commissioners of Public Works in Ireland to initiate a compulsory purchase of lands and buildings. The information requested for a schedule of such compulsory purchases over the past five years is being compiled and will be forwarded to the Deputy as soon as possible.

EU Directives

Ceisteanna (98)

Ged Nash

Ceist:

98. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment the timeline for the full transposition of the EU Directive on Adequate Minimum Wages; if he will provide an update on the work of his Department in developing, with the relevant LEEF sub-committee, the Action Plan to be presented to the European Commission no later than November 2024; and if he will make a statement on the matter. [44371/23]

Amharc ar fhreagra

Freagraí scríofa

To ensure minimum wages are set at adequate levels, the Directive requires countries with statutory minimum wages to put in place clear and stable criteria for minimum wage setting, indicative reference values to guide the assessment of adequacy, and regular and timely updates of minimum wages.   

The development of policy in this area must be mindful of the fact that Ireland has one of the highest minimum rates of pay in the EU and that the Government is committed to the phasing in of a statutory living wage by January 2026. Initial analysis of the Directive suggests that our current minimum wage setting framework, namely the Low Pay Commission, is largely already in compliance with the provisions of the Directive.

Article 4.2 of the EU Directive on Adequate Minimum Wages requires Member States with a collective bargaining coverage rate below 80% to provide for a framework of enabling conditions for collective bargaining to be implemented. Accordingly, Ireland is obliged to present an action plan to the European Commission as part of its transposition of the Directive no later than November 2024. This action plan is about ensuring the autonomy of social partners and does not compel any party to engage in negotiations or conclude agreements. The action plan will be prepared in consultation with the social partners and is a standing item on the LEEF sub-committee on employment rights.

My Department is represented at the expert group on the transposition of the Directive that was established by the European Commission.  It has met six times already and will conclude its work with a final report in November.  This report will guide us on how to correctly implement the provisions of the Directive in an Irish context.  It is important that we await the outcome of these workshops and the Commission’s final report before we finalise the details of how we should transpose the Directive in Ireland.  

The Directive has been discussed on several occasions at the LEEF Enterprise Subgroup and will be considered for future agendas of that Group as plans for implementation of the Directive develop.

Job Losses

Ceisteanna (99)

Niamh Smyth

Ceist:

99. Deputy Niamh Smyth asked the Minister for Enterprise, Trade and Employment for an update on the reopening of a mine (details supplied); how likely this is, and when; if he realises specialised skillsets are leaving the country to go abroad and work in the sector due to its closure; and if he will make a statement on the matter. [44488/23]

Amharc ar fhreagra

Freagraí scríofa

The Government recognises the importance of the mining sector in Ireland, including to support the achievement of the UN's sustainable development goals and the objectives of the European Green Deal. Boliden Tara Mines employs around 650 skilled workers and generates a very significant level of economic activity in the local community in Meath.

I and officials from my Department have had continuous engagement with Boliden Tara since the mine was placed into care and maintenance in July. I recently met with both Boliden Group management and with Trade Unions representing workers at the mine. During these meetings I reaffirmed the Government's commitment to providing all possible assistance to facilitate an early resumption of operations at the mine. Additionally, officials in other relevant Departments and Agencies of the State have continued to engage with management and workers to ensure that staff are supported and everything that can be done is being done.

There are a number of factors that will impact on a reopening date for the mine and all parties involved are making efforts to address these. My Department and departments across Government will continue to support this process.

Work Permits

Ceisteanna (100, 101)

Bernard Durkan

Ceist:

100. Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment the number of applications for work permits granted in of the past five years; the number of applications currently awaiting decision; and if he will make a statement on the matter. [44570/23]

Amharc ar fhreagra

Bernard Durkan

Ceist:

101. Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment the extent to which applications for work permits can be expedited where the information has been provided previously; and if he will make a statement on the matter. [44571/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 100 and 101 together.

The Employment Permits Section of the Department has provided the following figures for the number of employment permits granted between 2018 and 2023:

Year of Issue

Issued

2018

13,387

2019

16,152

2020

16,361

2021

16,278

2022

39,963

2023 ytd

23,727

There are currently 2,471 employment permit applications in the processing queue.

As of the 10th October 2023 the processing dates in respect of employment permit applications are as follows:

-  Standard New Applications - 13 September 2023

-  Trusted Partner Applications - 15 September 2023

-  Renewal Applications – 13th September 2023 for Standard and 14th September 2023 for Trusted Partner

Processing times are updated on a weekly basis at the following link: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates/.

Following the implementation of an internal plan of action which increased resources and implemented efficiency measures the Employment Permits Unit has significantly reduced the number of applications awaiting processing comparing to year 2022.  The Department plans to maintain processing times for all applications at approximately this level, or better, on the assumption that demand remains at current levels.

Due to the significant improvement in the processing times in respect of employment permits, an application to have an employment permit expedited will only be considered in exceptional circumstances. Each request is considered on a case-by-case basis. The Department can only consider a request to expedite an employment permit application where a detailed business case is provided.

Details of the exceptional case must be submitted to the Department on the official expedite request form (available on our website), which is a prerequisite for DETE to consider any such request. A separate expedite request form is required for each application.

Once the business case is completed it should be submitted to Employmentpermits@enterprise.gov.ie for consideration.  It is important to point out that the completion of a business case does not guarantee that an expedite will be facilitated.

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