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Tuesday, 7 Nov 2023

Written Answers Nos. 411-430

Corporate Governance

Ceisteanna (411)

Catherine Murphy

Ceist:

411. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment the number of complaints he has filed to the Corporate Enforcement Agency, CEA, since the establishment of the CEA and-or An Garda Síochána in the past ten years to date in respect of grants and-or funds his Department provided that in his view were misappropriated. [48073/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Enterprise, Trade and Employment I have not submitted complaints to the Corporate Enforcement Agency (CEA) since its establishment in respect of grants and or funds my Department provided.

Similarly, no complaints have been submitted to An Garda Síochána in the past ten years in respect of grants and or funds my Department provided.

Work Permits

Ceisteanna (412)

Pauline Tully

Ceist:

412. Deputy Pauline Tully asked the Minister for Enterprise, Trade and Employment the person appointed by his Department to conduct the strategic review of the labour needs of the meat processing industry; the timeframe for the completion of this review; if work permits will be made available to the meat processing industry while this review is underway; and the timeframe within which these work permits will be made available. [48123/23]

Amharc ar fhreagra

Freagraí scríofa

The Department of Agriculture, Food and the Marine leads Government policy for the agri-food sector and has responsibility for undertaking the strategic review of the labour needs of the meat processing industry. Officials of my Department are actively engaging with the Department of Agriculture, Food and the Marine to progress work on the review and I understand that terms of reference for the review are being finalised at present, and the review will be published on e-Tenders in the coming weeks.

Following a comprehensive review of the employment permit occupation lists, and in light of the continued labour shortages in the agricultural and agri-food sectors, my Department has provided access to the General Employment Permit to the meat processing sector over recent years, most recently through an additional quota of 425 permits made available in June 2022. All quotas for meat processing operatives have now been exhausted.

These and other agriculture/agri-food quotas were opened with a proviso that a strategic review on labour attraction and retention in the sector be carried out in order to examine more sustainable solutions for meeting the labour needs of the sector into the future. The review will influence the decision on the eligibility of the role for employment permits in the future.

The Economic Migration Policy Unit of my Department is responsible for managing the review of the Occupational Lists and is actively engaging with other Government departments including the Department of Agriculture, Food and the Marine to consider submissions received to the public consultation to review the lists which was open between June and August this year. The Interdepartmental Group on Economic Migration Policy which is tasked with overseeing the review of the lists process convened on 26th October last to consider submissions (including those from the meat processing sector) and a report containing recommendations for my consideration is expected later this month.

Departmental Meetings

Ceisteanna (413)

Darren O'Rourke

Ceist:

413. Deputy Darren O'Rourke asked the Minister for Enterprise, Trade and Employment if he met the CEO or senior officials from a company (details supplied) during his recent visit to Chicago. [48342/23]

Amharc ar fhreagra

Freagraí scríofa

In October of this year, I led a joint Enterprise Ireland and IDA Ireland trade mission to Illinois, Indianapolis and Michigan. The aim of the visit was to boost trade relationships with key IDA client companies and promote world class Irish companies in the Mid-West region.

In 2022, Enterprise Ireland and the IDA delivered strong growth in North America, with Enterprise Ireland client exports reaching a record €5.5bn, up 13% on the previous year, and the IDA securing 167 investments from North America.

The visit to the US Mid-West was an opportunity for me to meet with decision makers from some of the largest, most innovative multinational employers in the life science sector in Ireland and to highlight Ireland’s value as a location for foreign direct investment. The company mentioned by the Deputy did not feature as part of this visit.

Job Losses

Ceisteanna (414)

Catherine Murphy

Ceist:

414. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if he and-or the IDA has engaged with a company (details supplied) in respect of reports that the company will file for bankruptcy in the United States and the impact of that in Ireland in respect of its operations; and if he will make a statement on the matter. [48541/23]

Amharc ar fhreagra

Freagraí scríofa

In recent months, reflecting a number of international economic uncertainties, we have seen global job loss announcements from a number of companies, in a number of sectors, most notably, ICT. In this regard, many businesses throughout the world are still adjusting to the current climate, which may, unfortunately, mean further redundancies worldwide, and, given the nature of Ireland's open, globally trading economy, we are not immune from these impacts. This is especially so for the FDI sector, albeit, in aggregate, Ireland has not been impacted disproportionately, and, in some cases, job reductions here have been fewer than for other locations in global companies with operations in Ireland.

In relation to the report highlighted by the Deputy, I know that IDA Ireland has engaged with the company recently with a meeting scheduled to take place in the coming weeks to discuss company developments, including, of course, the particular report raised by Deputy Murphy. In this regard, officials of the IDA, as well as my own Department, will keep me informed of any developments as and when they arise. We are all acutely aware of the unsettling nature such reports are for workers that could be potentially impacted and I would urge that as much clarity as is possible, and early engagement with their Irish workforce, be provided by the company.

Consumer Rights

Ceisteanna (415)

Seán Canney

Ceist:

415. Deputy Seán Canney asked the Minister for Enterprise, Trade and Employment if he will introduce a measure to protect persons who pay up front for services and the supplier of the services closes their business prior to the service being delivered, such as orthodontic services; and if he will make a statement on the matter. [48590/23]

Amharc ar fhreagra

Freagraí scríofa

In general terms, one of the purposes of the Consumer Rights Act 2022, which applies to contracts concluded after the commencement of the Act on 29 November 2022, is to strengthen consumer rights and provide remedies in relation to service contracts. Consumers rights have been broadened and strengthened regarding the quality and fitness for purpose of the full range of non-digital services and, for the first time, provides for remedies where the services supplied by providers do not comply with those quality and other standards.

Where a service does not meet the quality standards set out in the Act, the consumer will have the right to have it brought up to that standard free of charge, within a reasonable time and without any significant or unreasonable inconvenience to the consumer.

In some circumstances, the consumer will have the right to a price reduction or to end the contract and receive a refund of the price, including where -

(a) the trader has failed to bring the service into line with the Act

(b) the same or a different issue occurs despite the trader’s attempt to bring the service up to the required standard

(c) the issue is of such a serious nature that an immediate price reduction or the ending of the contract is the best option for the consumer.

If a consumer decides to end the contract, the trader must refund all payments already made under the contract no later than 14 days from the date the trader was informed of the consumer’s decision to end the contract.

Where the trader does not provide a remedy or reimbursement to which the consumer is entitled, the Competition and Consumer Protection Commission (CCPC) has the power to take enforcement action.

Alternatively, there are a number of other remedies available to the consumer, including claiming damages or seeking to recover money paid to the trader for a service that does not comply with the requirements of the Act. Also, the Small Claims Process (SCP) can accept cases up to the value of €2,000 and further information on the Small Claims Procedure, is available on the Competition and Consumer Protection Commission (CCPC) website, ccpc.ie.

In situations where a business has ceased trading, a consumer may be deemed an unsecured creditor of the business, ranking behind secured creditors like Revenue, employees who are owed wages, and banks that are owed money. Consumer legislation will not apply as the company the consumer has a contract with, no longer exists, therefore there may be no legal entity for the consumer to claim from.

In such cases, it is recommended that consumers contact the Companies Registration Office (CRO) to check the current trading status of the business. The CRO is the central repository of public statutory information on Irish companies and business names and may be able to provide the consumer with information such as the liquidator’s details if they have gone into liquidation, whether the business was a subsidiary of a larger company, details of a parent company or a possible substitute company.

If the consumer paid for the service by card, they may be able to request a chargeback through their card provider.

Otherwise, the consumer may wish to seek independent legal advice.

The CCPC website contains some advice for consumers on how to limit the risk of financial loss in situations like this: www.ccpc.ie/consumers/shopping/companies-going-out-of-business/

I am aware that there have been previous questions in relation to the closure of an orthodontic clinic in Galway and that this matter may be before the Courts and or professional bodies. In this regard, my Department has no comment in a specific case before the Courts or other professional bodies.

Flexible Work Practices

Ceisteanna (416, 419)

Sean Fleming

Ceist:

416. Deputy Sean Fleming asked the Minister for Enterprise, Trade and Employment when the Workplace Relations Commission's Code of Practice, due to be finalised in order for the commencement of Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023, will be commenced; and if he will make a statement on the matter. [48620/23]

Amharc ar fhreagra

Pádraig O'Sullivan

Ceist:

419. Deputy Pádraig O'Sullivan asked the Minister for Enterprise, Trade and Employment when the remote working code of practice being drafted by the Workplace Relations Commission will come into effect; and if he will make a statement on the matter. [48681/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 416 and 419 together.

The right to request remote working will be available to all employees under the Work Life Balance and Miscellaneous Provisions Act 2023. Under the Act, flexible working arrangements such as adjusted working patterns or reduced hours, will be available to parents and carers. One Code of Practice will now be developed which will provide practical guidance to employers and employees on dealing with requests under the new law. Work on the development of the Code of Practice is ongoing in the Workplace Relations Commission since a public consultation closed in June of this year. The WRC have reviewed the 51 consultation submissions received, as well as other relevant policy documents, research, and best practice in other jurisdictions as part of finalising a working draft Code. I understand that a working group has been established and a first meeting, attended by representatives from ICTU and Ibec, took place on 5th October. The Working Group are continuing to meet to discuss the Code and will meet every 2 weeks in order to compete the Code. While no set date has been agreed for finalisation at this point, all parties are focused on having a robust Code of Practice published as soon as possible.

The legislation will come into force as soon as practicable following the completion of this Code.

Food Industry

Ceisteanna (417)

Joe McHugh

Ceist:

417. Deputy Joe McHugh asked the Minister for Enterprise, Trade and Employment how many meetings have taken place, if any, in 2022 and to date in 2023 between his officials and officials from the Department of Health to discuss the range and quality of food offerings in the retail sector; and if he will make a statement on the matter. [48668/23]

Amharc ar fhreagra

Freagraí scríofa

I chair the Retail Forum, which provides a platform for engagement with members of the retail sector to discuss issues affecting the sector.

The matters raised have not been discussed at recent Retail Forum meetings. Information about the Retail Forum, including membership and meeting minutes, can be found on my Department’s website. Neither I, nor Ministers Coveney or Calleary have met with the Department of Health on these matters.

In summary, no meetings took place in 2022 and 2023 between DETE officials and officials from the Department of Health on the range and quality of food offerings in the retail sector.

Departmental Contracts

Ceisteanna (418)

Thomas Pringle

Ceist:

418. Deputy Thomas Pringle asked the Minister for Enterprise, Trade and Employment the number and details of contracts currently held by his Department with a company (details supplied); and if he will make a statement on the matter. [48656/23]

Amharc ar fhreagra

Freagraí scríofa

My Department considers hiring external consultants in cases where there is not the necessary expertise to deliver the project in-house, in cases where an external assessment is deemed essential, or in cases where a project must be completed within a short time scale, and although the expertise or experience may be available in-house, performing the task would involve a prohibitive opportunity cost.

My Department complies with the Department of Public Expenditure, National Development Plan Delivery and Reform's guidelines for engagements of consultants by the civil service, having regard to public procurement guidelines.

My Department currently has 1 contract with the company in question for the provision of services in respect of IT support for process automation.

Question No. 419 answered with Question No. 416.

Departmental Contracts

Ceisteanna (420)

Thomas Pringle

Ceist:

420. Deputy Thomas Pringle asked the Minister for Enterprise, Trade and Employment the number and details of contracts currently held by his Department with a company (details supplied); and if he will make a statement on the matter. [48688/23]

Amharc ar fhreagra

Freagraí scríofa

My Department currently has no contracts with the company in question.

Departmental Contracts

Ceisteanna (421)

Thomas Pringle

Ceist:

421. Deputy Thomas Pringle asked the Minister for Enterprise, Trade and Employment the number and details of contracts currently held by his Department with a company (details supplied); and if he will make a statement on the matter. [48704/23]

Amharc ar fhreagra

Freagraí scríofa

My Department considers hiring external consultants in cases where there is not the necessary expertise to deliver the project in-house, in cases where an external assessment is deemed essential, or in cases where a project must be completed within a short time scale, and although the expertise or experience may be available in-house, performing the task would involve a prohibitive opportunity cost.

My Department complies with the Department of Public Expenditure, National Development Plan Delivery and Reform's guidelines for engagements of consultants by the civil service, having regard to public procurement guidelines.

My Department currently has 4 contracts with the company in question. Details of which are set our below:

1. The provision of services in respect to support development of an appropriate procurement criterion to ensure the reduction of embodied carbon in the cement or concrete procured in construction projects by public Bodies.

2. The provision of services in respect of an assessment of skills needs for Modern Methods of Construction.

3. The provision of services in respect of developing a database of online intermediary service providers which have their main establishment in Ireland.

4. The provision of services in respect of Microsoft SharePoint Intranet Support.

Departmental Meetings

Ceisteanna (422)

Catherine Murphy

Ceist:

422. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if he met with the CEO of a company (details supplied) during his recent visit to South Korea. [48759/23]

Amharc ar fhreagra

Freagraí scríofa

During the recent Trade and Investment Mission to the Republic of Korea, I had the opportunity to engage with senior executives of several large Korean companies, including the company mentioned by the Deputy, to promote Ireland as a location for investment.

The Republic of Korea is the 4th largest economy in Asia and the 12th largest in the world, with a Market of over 50 million people. The Trade and Investment Mission gave an opportunity to encourage business-to-business links, to maximise opportunities to help Irish companies to access the Asia market and to increase the levels of foreign direct investment into Ireland. As high tech and export driven economies , Ireland and Korea have many similarities and shared values in the international rules-based system, making it an important anchor point for Ireland in Asia.

Legislative Process

Ceisteanna (423)

Cathal Crowe

Ceist:

423. Deputy Cathal Crowe asked the Minister for Enterprise, Trade and Employment when he expects the Industrial Relations (Provisions in relation to Pension Entitlements of retired persons) Bill 2021 to proceed to its next stage; and if he will make a statement on the matter. [48764/23]

Amharc ar fhreagra

Freagraí scríofa

The Private Members Bill on Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) is sponsored by Deputies Bríd Smith, Paul Murphy, Richard Boyd Barrett and Gino Kenny. It is a matter for the Deputies to progress the Bill.

The Joint Committee on Enterprise Trade and Employment met in public session on the 25 January 2023 to discuss detailed scrutiny of the Bill.

Following this meeting, the Department issued a detailed brief to the Committee as requested and no further correspondence has been received by the Committee.

Business Supports

Ceisteanna (424)

Ged Nash

Ceist:

424. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he will consider, given the frequency of flooding events, putting a form of the emergency business flooding support scheme and the enhanced scheme on a statutory basis; and if he will make a statement on the matter. [48769/23]

Amharc ar fhreagra

Freagraí scríofa

In 2018 government agreed (Government Decision S180/20/10/1272C of 27 November 2018) that the then Department of Business, Enterprise and Innovation would undertake responsibility for the management of a standing Scheme to implement an emergency humanitarian financial grant Scheme for small businesses, community, voluntary and sporting bodies which have been unable to secure flood insurance and which experience flood damage to their premises. However, the Department does not currently have any vires to establish a permanent humanitarian Scheme through its suite of legislation. Pending the development of a legislative basis for a Standing Scheme, it is necessary to seek Government approval for an ad hoc Scheme to provide this emergency humanitarian grant.

Putting the emergency business flooding support scheme on a statutory basis is a priority for my department and officials are currently developing proposals for a legislative basis for the scheme.

Business Supports

Ceisteanna (425)

Colm Burke

Ceist:

425. Deputy Colm Burke asked the Minister for Enterprise, Trade and Employment what funding and supports are available to women entrepreneurs looking to start agricultural businesses or agrifood enterprises; and if he will make a statement on the matter. [48840/23]

Amharc ar fhreagra

Freagraí scríofa

Increased female participation in our workforce is vital for our economy and in the interests of our society we need to ensure that women can realise their full entrepreneurial potential.

For anyone who is considering starting their own business, regardless of the sector they are operating in, I would encourage them to seek the advice and support of their Local Enterprise Office (LEO).

Since their establishment in 2014, the LEOs have been an essential resource for Irish entrepreneurs, acting as a ‘first-stop-shop’ for providing advice and guidance, financial assistance, and other supports to those wishing to start or grow their own business. The LEOs offer a ‘signposting’ service for all government supports available to the SME sector and can provide information/referrals to other relevant bodies under agreed protocols e.g. Revenue, Micro Finance Ireland, Bord Bia, LEADER, and Enterprise Ireland.

The LEOs provide a wide range of high-quality business and management development programmes that are tailored to meet specific business requirements. For anyone starting a new business, I would recommend enquiring about the Start Your Own Business Programme (SYOB), this guides clients through the various aspects of business and business planning.

For those looking to develop an Agri-Food Business, the LEOs work with a large number of food producers and host the Food Starter Programme, a short online programme designed to help early-stage food-based start-ups. The objective is to provide the participants with a base knowledge of what is involved in setting up a food business. The content is designed to provide participants with information which will allow them to avoid the pit falls normally associated with this journey. While certain aspects of the programme are relevant to those setting up cafes/restaurants, the core programme content is designed for those producing food to be sold through third parties i.e. food producers.

The LEOs have been particularly supportive of women entrepreneurs. This was highlighted recently by National Women’s Enterprise Day (NWED) which took place on 19th October with LEO hosted events nationwide. Each year, NWED offers an opportunity to learn and be inspired by female entrepreneurs and experienced business owners.

In all cases I would recommend speaking to a LEO Business Advisor to determine what Government assistance is available to them and what their next steps should be.

Departmental Contracts

Ceisteanna (426)

Thomas Pringle

Ceist:

426. Deputy Thomas Pringle asked the Minister for Education the number and details of contracts currently held by her Department with a company (details supplied); and if she will make a statement on the matter. [48309/23]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that my Department does not have any current contract with the specified company.

School Patronage

Ceisteanna (427, 428, 429)

Patrick Costello

Ceist:

427. Deputy Patrick Costello asked the Minister for Education to provide a timeline for when secondary schools that have been through the process of divestment will actually be divested to new patrons. [47293/23]

Amharc ar fhreagra

Patrick Costello

Ceist:

428. Deputy Patrick Costello asked the Minister for Education to detail the funding available to support patronage changes, including but not limited to legal and rebranding costs for both the outgoing and incoming patron. [47295/23]

Amharc ar fhreagra

Patrick Costello

Ceist:

429. Deputy Patrick Costello asked the Minister for Education if she intends to publish a review of the pilot divestment programme and to provide a timeline for this publication. [47296/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 427 to 429, inclusive, together.

The Programme for Government reflects the Government’s objective of continuing to expand the plurality of schools to reflect the full breadth of society. It sets out that “students of all religions and none should have access to education, regardless of their belief system”.

The Programme for Government commitments in this area include:

• “Achieve the target of at least 400 multi-denominational primary schools by 2030, to improve parental choice”;

• “Expand and prioritise the transfer of viable schools to Community National Schools”;

• ”Work with communities to ensure the provision of clear, non-partisan information on the preparation for, and the consequences of, the divestment process and to respond to queries raised”.

In recent years there has been considerable progress towards increasing the numbers of multi-denominational primary schools.

There are 168 primary schools with a multi-denominational or inter-denominational ethos.

For historical reasons, most primary schools are State-aided parish schools, with the local Bishop as patron, although this pattern is changing. It is recognised, including by the Catholic patrons, that more diverse provision is required to cater for our changing society.

The Schools Recon?guration for Diversity process, supporting transfers of schools to multi-denominational patrons in response to the wishes of local communities, has been developed in order to accelerate the delivery of multi-denominational schools. When a school transfers from the patronage of one patron to another, the school remains open with the same roll number and operating from the same school property. All State-funded primary schools follow a common national curriculum and are subject to the same Department of Education rules and regulations.

In March 2022 I announced that arrangements were being put in place in a number of towns and areas of cities that had no multi-denominational primary schools to identify potential schools and to engage with school authorities, school staff and the school communities with a view to agreeing on a transfer of patronage and change of ethos, where there was sufficient demand for this.

The engagement at local level across the pilot areas was largely concluded at the end of Q1 2023. Two schools, Cornamaddy National School in Athlone and St. Enda’s Primary School in Whitefriar Street, Dublin 8, have transferred from Catholic patronage to the local Education and Training Board, becoming multi-denominational community national schools. My Department is hopeful that there will be a number of other transfers of patronage and change of ethos to multi-denominational in the short term.

As this was a pilot process it was always intended to review its operation and examine any lessons. The review is looking at the engagement with the school communities as well as taking on board the views of the facilitators and the feedback from parents and staff of schools involved in the pilot. My Department is engaging with representatives of the Catholic patrons and representatives of the main multi-denominational patron bodies, as part of this work.

The review is considering any lessons, including the aspects that worked well, the elements that can be improved upon and the process for providing multi-denominational options for parents in other towns and areas of the country going forward.

Following consultation with relevant stakeholders, it is intended that the review of the structured engagement process in the pilot areas will be finalised and published in Q4 2023. It is envisaged that it will include a framework for delivering on the Government commitment for increasing multi-denominational provision.

The goal remains to establish a strong process, that has the support of patrons and local communities, and which will enable us to continue to increase the number of multi-denominational primary schools across the country.

My Department intends to publish the final facilitator reports for the schools engaged with as part of the 2022/23 structured engagement process in the pilot areas in due course.

Question No. 428 answered with Question No. 427.
Question No. 429 answered with Question No. 427.

School Attendance

Ceisteanna (430)

Jim O'Callaghan

Ceist:

430. Deputy Jim O'Callaghan asked the Minister for Education to provide a breakdown, by county, of school attendance funding; and if she will make a statement on the matter. [47310/23]

Amharc ar fhreagra

Freagraí scríofa

I recently announced a school attendance campaign with a once off funding package of over €6 million to support and promote attendance in primary, post-primary and special schools. The campaign is designed to promote the importance of attendance at class or school level. It has been rolled out by Tusla Education Support Services (TESS) in conjunction with my Department and it will run throughout the current school year.

This campaign is timely, now that we have emerged from the Covid period. More than ever before, we are aware of the importance of regular school attendance for our children and young people and its impact on their cognitive and social development and on their overall wellbeing, particularly in ensuring that they connect with their classmates and others in the school community. The campaign is in line with my Department’s vision for an education system where every child and young person feels valued and is actively supported and nurtured to reach their full potential.

The county breakdown of the attendance campaign funding issued recently to schools by my Department is contained in the table below.

County

Primary Schools

Post-Primary Schools

Total

Carlow

€46,391.10

€49,589.20

€95,980.30

Cavan

€61,234.15

€48,715.90

€109,950.05

Clare

€84,885.25

€69,478.50

€154,363.75

Cork

€341,063.50

€332,393.80

€673,457.30

Donegal

€131,482.60

€123,240.80

€254,723.40

Dublin

€785,303.30

€644,532.50

€1,429,835.80

Galway

€185,383.30

€168,117.90

€353,501.20

Kerry

€99,235.85

€89,541.90

€188,777.75

Kildare

€142,632.35

€152,130.50

€294,762.85

Kilkenny

€61,077.40

€65,956.40

€127,033.80

Laois

€62,042.50

€51,319.30

€113,361.80

Leitrim

€25,794.40

€20,270.50

€46,064.90

Limerick

€133,442.95

€125,881.90

€259,324.85

Longford

€38,293.75

€37,475.80

€75,769.55

Louth

€94,790.25

€107,199.10

€201,989.35

Mayo

€107,006.60

€87,433.80

€194,440.40

Meath

€130,114.15

€128,411.80

€258,525.95

Monaghan

€45,749.05

€45,676.60

€91,425.65

Offaly

€60,150.45

€54,810.40

€114,960.85

Roscommon

€56,305.75

€36,205.80

€92,511.55

Sligo

€47,724.00

€37,643.60

€85,367.60

Tipperary

€116,310.90

€111,445.70

€227,756.60

Waterford

€83,561.10

€78,117.70

€161,678.80

Westmeath

€70,657.35

€65,138.40

€135,795.75

Wexford

€107,663.60

€110,308.70

€217,972.30

Wicklow

€94,538.30

€101,396.60

€195,934.90

Overall Total

€3,212,833.90

€2,942,433.10

€6,155,267.00

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