Category Archives: Politics

Secular Sunday #71 – Life And Death

Time for another Secular Sunday, which as well as the latest news and upcoming events, contains a profile of Rebecca Watson who’ll be speaking at the Empowering Women Through Secularism conference in June, and a focus on the case of Marie Fleming and the right to die.

- Derek Walsh, Editor

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An open letter to fellow members of the Humanist Association of Ireland by Andrew Devine-Rattigan

Andrew D RattiganDear fellow members of the Humanist Association of Ireland,

I address you all in relation to the Civil Registration (Amendment) Bill that came in to law after being passed by the Dail in December 2012. Many of you may feel that on the face of it this is a victory for the Humanist Association as it will allow for non-religious people to have their marriages legally solemnised by a celebrant from the HAI.

Previously, couples seeking a non-religious ceremony would firstly have had to go to a registry office in order to be legally married, and then have had a Humanist ceremony to celebrate their marriage. The new change in the law will now cut out the need for couples to have to attend two ceremonies as the Humanist solemniser now has legal recognition that he or she previously did not have.

Perhaps many of you will think this is a progressive step, but a clear reading of the law itself, and the requirements that the HAI must fulfil, reveals that this law runs contrary to the stated aims of the HAI and conflicts with the core values of humanism itself. The new law prohibits any secular body that might nominate a solemniser from promoting a political cause, as well as a whole list of other exclusions to adhere to, in order to obtain a licence to solemnise marriages. However, religious organisations are not excluded from solemnising marriages according to the same criteria.

The stated aims of the HAI

The reasons that I joined the HAI are best expressed by the stated aims on our website:

“The HAI campaigns for equal treatment by the state of the non-religious with the religious; the abolition of religious privileges; and ultimately the total separation of Church from State. It aspires to a balanced secular society.”

In light of what our stated aims are, how can we in the HAI agree to a law that has a list of exclusions for secular organisations that seek to solemnise marriages, whilst this same list of exclusions doesn’t apply to religious bodies? For us in the HAI to endorse such a law is a clear breach of our purported aim to seek the equal treatment of the non-religious with the religious and the abolition of religious privileges.

In endorsing this legislation, it is clear that the Board of Directors of the HAI are satisfied to allow the HAI to be discriminated against and treated unequally, and thus are acting in contravention of the aims that are outlined on our website.

Just what is it that is motivating the Board to endorse legislation that actually contravenes the very aims of the HAI itself?

The Board seems comfortable to allow the HAI to have to comply with a list of exclusions in the new legislation that religious bodies do not have to adhere to, thus the HAI is complicit in discriminating against the non-religious, the very thing we claim to be against.

However, there is one of the exclusions that the HAI doesn’t comply with, and that is the clause in the Act that prohibits any secular nominating body from promoting a political cause, which the HAI clearly does.

Debate after Sunday’s HAI meeting

After the last meeting of the HAI in Dublin on the 7th April, a debate ensued between several members who are in support of the new law, including a member of the Board of Directors, and several of us who are opposed to it.

Those of us who opposed the law pointed out both the fact that it discriminates against the non-religious and also that legally we wouldn’t even be able to comply with the new law, in that the HAI promotes the political cause of separation of church and state. Those members in favour of the new law argued that the HAI is not involved in promoting any political cause, but rather is engaged in the advancement of various social causes and therefore the granting of the first legal licence to a HAI solemniser is in full accordance with the law, even if it is a discriminatory law (my emphasis).

It is my opinion that these members don’t even believe this themselves and are just using semantics to try and justify supporting a law that discriminates against the aims of the HAI, and allows them to argue that the HAI is complying with a law that it is clearly in breach of.

Besides, all social causes have a political dimension in that to advance a social cause you have to engage with the political process and state institutions, thus also making them political causes. Surely the total separation of the church and state is as explicit a political cause as one can find?

Our website states that one of the activities of the HAI is that it “makes appropriate submissions to government for changes in the Constitution, Legislation and State practices.” By simply stating the aims of the HAI are a social cause in order to comply with a discriminatory piece of legislation doesn’t negate the fact that they are also a political cause.

Orwellian doublethink

All in all to argue that we are not involved in a cause that we clearly are, and to try and argue that the HAI exists primarily to campaign for equality whilst it endorses a law that is grossly unequal and discriminatory, is to engage in an egregious display of Orwellian doublethink which is:

“The power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them… to forget any fact that has become inconvenient.”

I believe that we in the HAI in order to be consistent with our declared aims on our website should have stood together with Atheist Ireland in opposing such a blatantly discriminatory piece of legislation.

At the very least we could have made applications to the registrar for licences for solemnisers and then openly declared that we would be in breach of the legislation as we do engage in promoting a political cause. This could have been an opportunity to publicly highlight the continuing discrimination against the non-religious and the special privileges still maintained by religious organisations.

Instead the HAI has endorsed a law that violates its own principals and aims. For the HAI to endorse such a piece of legislation calls in to question the integrity of the HAI as an organisation that purports to seek equality for the non-religious.

Seeking an EGM for members to discuss issue

I believe that the best way to deal with this issue is by way of constructive dialogue between us, the ordinary members, and the Board of Directors, who are of course also members.

In accordance with the Companies Act which governs the activities of the HAI, I along with several other members of the HAI will be seeking to convene an Extraordinary General Meeting to discuss the issues raised in this letter.

We will be writing to the membership of the HAI to garner the ten per cent support required to convene such a meeting.

I appeal to the individual members of the Humanist Association to ask yourself in good conscience if you believe that the HAI should endorse a law that is blatantly and clearly at odds with the principles of equality and non-discrimination, and if supporting such a law furthers the aim of building a more secular state or contributes to perpetuating discrimination of the non-religious?

Yours sincerely,

Andrew Devine-Rattigan

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Has the Humanist Association of Ireland legally denied that it promotes a political cause?

In an email newsletter last night, the Humanist Association of Ireland has announced that the first legal Humanist marriage ceremony will take place today, Saturday 6 April, performed by a HAI celebrant, with Government Minister Joan Burton attending.

But the confusing announcement raises the significant legal question as to whether the HAI has legally denied that it promotes a political cause, despite actively promoting separation of church of state?

Atheist Ireland has consistently raised concerns about the new law under which secular bodies can nominate marriage solemnisers – see the links at the end of this article for details – as it discriminates both against nonreligious citizens, and also between nonreligious citizens.

It is unclear to us from last night’s HAI announcement on what legal basis a HAI celebrant has been added to the list of solemnisers. Under the new law, it is the responsibility of a secular body that wishes to nominate solemnisers to satisfy the requirements of the Act, including that it does not promote a political cause.

If, on the one hand, the Humanist Association of Ireland has nominated a solemniser, then the HAI should have signed an application form that includes a statement that the HAI does not promote a political cause, and accompanied that application form with documentary evidence to confirm that the HAI conforms to this requirement.

Yet, in reality, the HAI actively promotes the political cause of separation of church and state, and its website says explicitly on its ‘about us’ page that one of the things that it does is “makes appropriate submissions to Government for changes in the Constitution, Legislation and State practices.”

If, on the other hand, the solemniser for today’s ceremony has been nominated by a nominating body other than the HAI, then on what basis is he being described as “the only HAI celebrant who has been added to the list of solemnisers” and on what basis is today’s wedding described as “the first legal Humanist marriage ceremony”?

The HAI announcement says that the process of registering has not been as simple as the HAI was led to believe by Government politicians, and says that if the conditions still hindering the process cannot be met, the HAI will have to withdraw from the process.

But what does this mean? If there are conditions that the HAI cannot currently meet, then how can today’s wedding be described as “the first legal Humanist marriage ceremony”? And what conditions could allow one HAI celebrant to be added to the list of solemnisers, while preventing other HAI celebrants from also being added?

Atheist Ireland will discuss this at a committee meeting this afternoon, and will decide how best to ensure that the law is interpreted properly, and not with the nod and a wink attitude that saw its passage through parliament despite our concerns about it being raised during the Dail debate.

Whatever may happen in this case, one thing is certain. The Catholic Church will continue to promote its own political cause, built on imagined revelations from an imagined creator of the universe, and the Government will be happy to allow them to continue doing this.

It is now more important than ever before that secular bodies stand together and continue to campaign politically for separation of church and state.

See also:

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Atheist Ireland to meet with Irish Government this year

Atheist Ireland will be meeting with the Irish Government this year for a bilateral meeting under the process of structured dialogue between the State and churches, faith communities and philosophical and other non-confessional bodies.

We first requested this meeting last year, and we requested it again last month after the Irish Government met with the Roman Catholic Church under this process.

The Taoiseach has replied saying that he was not in a position to hold bilateral meetings last year due to pressure of other business, but that he hopes to make progress in this regard this year, notwithstanding continuing business pressures and Ireland’s Presidency of the European Union in the first six months of the year.

We don’t yet have a date for our meeting, but the Taoiseach will be asking officials to arrange a preliminary meeting with us to clarify an agenda.

The items that we wish to raise are:

  • Our policy document, Five Steps to Civil Rights in a Secular Ireland, which covers the need for a secular Constitution, Parliament, Government, Education System and Health Care System.
  • 
Some international cases relevant to our agenda on which we would like the Government to take action.
  • The various submissions that we have made since our last meeting to Government and international monitoring bodies.
  • 
How we should best discuss these issues with the Government on an ongoing basis in the context of policy formulation.

We’ll publish further details of the meeting as we get them.

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Atheist Ireland requests meeting with government as partner in dialogue process

Atheist Ireland has written to the Taoiseach requesting to meet him and ministers and officials, under the structured process of dialogue between the Government and churches, faith bodies and non-confessional bodies.

Atheist Ireland is a partner in this dialogue process, having been accepted as such at a meeting with officials of the Taoiseach’s Department in September 2011. We were also witnesses along with religious bodies at the recent hearings of the Health Committee on abortion law.

We first requested this meeting in June 2012, three months before the Catholic Church requested the meeting which the Taoiseach held with them last week.

We have reminded the Taoiseach that he told the Dail last April that he had personally met with representatives of many of the partners in this dialogue to convey directly his interest in the dialogue process, and that he hoped to resume this process formally.

He also told the Dail last April that meetings at official and ministerial level may be sought by either side on the basis of a proposed agenda, and that arrangements in this regard will be made by his Department, which will provide the administrative support for the process.

We have made the following requests:

1. We are requesting a meeting with the Toaiseach personally

As Atheist Ireland is one of the partners that has not met personally with the Taoiseach or his predecessors, we have asked to meet with him personally. In the interests of balance and parity of esteem, we have asked that he meet with us before he next meets again with partners who have already met with him or his predecessors.

2. We are requesting a meeting or meetings at official and ministerial level

This is our proposed agenda.
(a) Our policy document, 5 Steps to Civil Rights in a Secular Ireland.
(b) Some international cases relevant to our agenda on which we would like the Government to take action.
(c) The various submissions that we have made since our last meeting to Government and international monitoring bodies.
(d) How we should best discuss these issues with the Government on an ongoing basis in the context of policy formulation.

3. We are requesting that these be bilateral meetings

While we are obviously happy to also take part in meetings along with other partners, we are requesting that the above meetings take place solely with Atheist Ireland, as has taken place with other partners in the process, as we have a specific non-confessional secular agenda that is different from that of the other partners.

Some information about Atheist Ireland

  • Atheist Ireland is a participant in the Irish Government’s structured dialogue process with the churches, faith bodies and non-confessional bodies in Ireland, and we have met in this capacity with the Taoiseach’s Department to outline our overall agenda for an ethical secular State.
  • Atheist Ireland is a participant in the European Union’s dialogue process with religious and philosophical non-confessional bodies, and we have met in this capacity with the Presidents of the European Union, European Parliament and European Council.
  • Atheist Ireland has participated and spoken at the 2011 and 2012 Human Dimension Implementation meetings of the OSCE in Warsaw on the sessions on freedom of conscience, religion and belief, and hosted a side event on secularism at the 2012 meeting.
  • In the last year Atheist Ireland has made comprehensive written and/or oral submissions to the Forum on Patronage and Pluralism; the State Report to the UN under the Covenant on Economic, Social and Cultural Rights; the UN under the Universal Periodic Review; the New Human Rights and Equality Commission; the Report from the Forum on Patronage and Pluralism; the European Commission Against Racism and Intolerance; the Council of Europe under the Framework Convention on the Protection of National Minorities; the State Report to the UN under the Covenant on Civil & Political Rights; the National Council on Curriculum and Assessment; the OSCE Human Dimension Implementation Meeting, and the Oireachtas Health Committee hearings on abortion law.
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Secular Sunday #55 – If It Ain’t Broke…

It’s time for this week’s Secular Sunday. There are a few, largely cosmetic, changes to the format, most noticeable in the e-mail edition. As promised, more substantial improvements are coming but it’s an evolving process. (As an atheist I don’t believe in Intelligent Design!) Feedback is welcome.

In this issue:

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Atheist Ireland will be speaking this morning at the parliamentary hearings on abortion law

Michael Nugent will be speaking this morning at the parliamentary hearings on abortion law, along with representatives of five Irish churches.

The session runs from 9.30 am to 11.30 am. There will be five-minute opening statements, followed by an hour and a half of questions from TDs and Senators.

It is broadcast live:

These are today’s three sessions:

Session 1: 9.30-11.30

  • Irish Catholic Bishops Conference (Rev. Christopher Jones, Bishop of Elphin; Fr. Timothy Bartlett)
  • Church of Ireland (Most Rev. Dr. Michael Jackson, Archbishop of Dublin; Mr. Samuel Harper)
  • Presbyterian Church of Ireland (Dr. Trevor Morrow, Dr. Roy Patton)
  • Methodist Church of Ireland (Ms. Heidi Good)
  • Islamic Cultural Centre of Ireland (Dr. Ali Selim)
  • Atheist Ireland (Mr. Michael Nugent)

Session 2: 11.45- 13.45

  • Pro Life Campaign (Ms. Caroline Simons; Dr. Berry Kiely)
  • Youth Defence (Dr. Eoghan de Faoite; Dr. Sean O’Domhnaill)
  • Family & life (Mr. Patrick Carr, Mr. David Manley)
  • Iona Institute (Ms. Breda O’Brien)

Session 3: 14.45 – 16.45

  • Choice Ireland (Ms. Jacinta Fay; Ms. Denise Ryan)
  • National Womens Council of Ireland (Ms. Orla O’Connor, Director, Ms. Jacqueline Healy)
  • Action on X (Ms. Ailbhe Smyth; Ms. Therese Caherty)
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Cardinal Brady promotes political lobbying on abortion, while secular groups who want to solemnise marriage are politically silenced

The privileged position of the Catholic Church in Irish law was highlighted by the political campaign launched by Cardinal Sean Brady on Christmas Day, seeking to influence the forthcoming law on abortion from an explicitly theological Roman Catholic perspective.

To rub in the discrimination against nonreligious citizens, this overtly political move took place just days after the Dail passed a new law forbidding secular bodies from promoting political causes if they want to legally solemnise marriages.

Cardinal Brady said in his Christmas message that

“I hope that everyone who believes that the right to life is fundamental will make their voice heard in a reasonable, but forthright, way to their representatives, reminding them that the right to life is conferred on human beings not by the powerful ones of this world but by the creator. There is no more important value than upholding the right to life in all circumstances.”

This statement reflects the essence of the problem of church interference in political affairs. In a society where different people have different religious and nonreligious beliefs, decisions on public policy should be made by applying reason to evidence.

When religious authorities throw in inflexible dictates based on supposed revelations from an imagined creator of the universe, that distorts and corrupts the ethical debate that is needed to address political issues collectively.

‘Forming Conscience for Faithful Citizenship’

The United States Conference of Catholic Bishops has produced a detailed document called ‘Forming Conscience for Faithful Citizenship’ which outlines Catholic teaching on this issue. Among other things, it states that:

9. The Church’s obligation to participate in shaping the moral character of society is a requirement of our faith. It is a basic part of the mission we have received from Jesus Christ, who offers a vision of life revealed to us in Sacred Scripture and Tradition.

10. Because we are people of both faith and reason, it is appropriate and necessary for us to bring this essential truth about human life and dignity to the public square.

11. Some question whether it is appropriate for the Church to play a role in political life. However, the obligation to teach about moral values that should shape our lives, including our public lives, is central to the mission given to the Church by Jesus Christ.

13. In the Catholic Tradition, responsible citizenship is a virtue, and participation in political life is a moral obligation. This obligation is rooted in our baptismal commitment to follow Jesus Christ and to bear Christian witness in all we do. As the Catechism of the Catholic Church reminds us, “It is necessary that all participate, each according to his position and role, in promoting the common good. This obligation is inherent in the dignity of the human person. . . . As far as possible citizens should take an active part in public life” (nos. 1913-1915).

This combination is particularly dangerous. Catholic citizens are not only obliged to participate politically, but must do so according to a conscience that is formed in accordance with the dictates of the Catholic Church. And then it explains how that conscience is formed:

17. The Church equips its members to address political and social questions by helping them to develop a well-formed conscience. Catholics have a serious and lifelong obligation to form their consciences in accord with human reason and the teaching of the Church. Conscience is not something that allows us to justify doing whatever we want, nor is it a mere “feeling” about what we should or should not do. Rather, conscience is the voice of God resounding in the human heart, revealing the truth to us and calling us to do what is good while shunning what is evil. Conscience always requires serious attempts to make sound moral judgments based on the truths of our faith. As stated in the Catechism of the Catholic Church, “Conscience is a judgment of reason whereby the human person recognizes the moral quality of a concrete act that he is going to perform, is in the process of performing, or has already completed. In all he says and does, man is obliged to follow faithfully what he knows to be just and right” (no. 1778).

18. The formation of conscience includes several elements. First, there is a desire to embrace goodness and truth. For Catholics this begins with a willingness and openness to seek the truth and what is right by studying Sacred Scripture and the teaching of the Church as contained in the Catechism of the Catholic Church. It is also important to examine the facts and background information about various choices. Finally, prayerful reflection is essential to discern the will of God. Catholics must also understand that if they fail to form their consciences they can make erroneous judgments.

The discrimination in the Irish marriage registration law

As the most recent law passed by the Irish parliament shows, there is one law for the religious and another for the nonreligious.

Churches, including the Catholic Church, can insist that their members behave politically according to theological dictates, while nonreligious bodies who want to seolemnise marriages on the same basis that churches do must remain silent politically.

The Civil Registration (Amendment) Bill, requires, among various rules for exclusion, that nonreligious nominating bodies can not promote a political cause. But neither this Bill nor the Principal Act applies any of these rules for exclusion to religious nominating bodies.

Furthermore, this particular exclusion seems to be a deliberate choice. The entire wording of the section on exclusions is transcribed, word for word, from the definition of “excluded body” in the Charities Act 2009, with just one difference.

The Charities Act qualifies “(b) a body that promotes a political cause,” by saying “(b) a body that promotes a political cause, unless the promotion of that cause relates directly to the advancement of the charitable purposes of the body.”

There is no good reason why this Bill should have removed that qualification from the definitions that it has transcribed from the Charities Act.

But more fundamentally, any restrictions, along the lines of any of the Charities Act exclusions, should either be applied equally to all nominating bodies, or else not be applied to any.

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Humanist Association of Ireland must choose between solemnising marriages now, and politically promoting secularism

The Humanist Association of Ireland faces a fundamental dilemma in how it responds to the Civil Registration (Amendment) Bill.

That dilemma is this: does the Humanist Association stop promoting the political cause of separation of church and state in order to be able to legally solemnise marriages, or does it forego the legal solemnising of marriages until the law is changed to provide equality for all without discrimination on the ground of religion?

This new Bill passed last week was intended to extend to secular bodies the right that religious bodies already have to legally solemnise marriages.

However, the law as passed forbids secular nominating bodies (but not religious ones) from promoting any political cause, and promoting the political cause of secularism has always been central to the work of the HAI.

Our legislators were aware of this problem, as Atheist Ireland raised it in our briefing document for them, and it was explicitly raised in the Dail debate.

Yet, as so often happens in Ireland, everyone pretended that the words were not there, or that they did not matter, or that the law would be ignored in practice, or whatever you are having yourself.

The discrimination in the law

The Civil Registration (Amendment) Bill, requires, among various rules for exclusion, that nonreligious nominating bodies can not promote a political cause. But neither this Bill nor the Principal Act applies any of these rules for exclusion to religious nominating bodies.

Furthermore, this particular exclusion seems to be a deliberate choice. The entire wording of the section on exclusions is transcribed, word for word, from the definition of “excluded body” in the Charities Act 2009, with just one difference.

The Charities Act qualifies “(b) a body that promotes a political cause,” by saying “(b) a body that promotes a political cause, unless the promotion of that cause relates directly to the advancement of the charitable purposes of the body.”

There is no good reason why this Bill should have removed that qualification from the definitions that it has transcribed from the Charities Act.

But more fundamentally, any restrictions, along the lines of any of the Charities Act exclusions, should either be applied equally to all nominating bodies, or else not be applied to any.

The dilemma for the HAI

It is central to the Humanist Association of Ireland that it promotes the political cause of separation of church and state. If it ceases to do so, it will become a very different organisation to the one that so many of its members have put so much work into.

So the Humanist Association of Ireland now faces the fundamental dilemma outlined earlier.

Does it stop promoting separation of church and state, in order to be able to legally solemnise marriages, or does the HAI stand alongside Atheist Ireland in continuing to campaign politically for equality before the law for all without discrimination on the ground of religion or belief?

It is unthinkable that the HAI would choose the only other available option, which is continue to promote the political cause of secularism while pretending for legal purposes that it is not doing so. Indeed, that is the type of Ireland that the Humanist Association was established to help get away from.

Whatever happens, one thing is certain. The Catholic Church will continue to promote its own political cause, built on imagined revelations from an imagined creator of the universe, and the Government will be happy to allow them to continue doing this.

It is now more important than ever before that secular bodies stand together and continue to campaign politically for separation of church and state.

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Dail passes new law that discriminates by religion in marriage registration, despite TDs citing concerns raised by Atheist Ireland

The Dail today passed the Civil Registration (Amendment) Bill, despite several TDs highlighting concerns raised by Atheist Ireland in our briefing document ‘Legislating for Equality In Marriage Registration.’

Atheist Ireland is now writing to the President asking him to send the Bill to the Supreme Court to test its constitutionality.

  • If it is unconstitutional, it should not be signed into law.
  • If it is constitutional, then the Constitution should be amended, because it is indisputable that this Bill discriminates on the ground of religion.

We have also written to the Irish Human Rights Commission to ask them to examine the Bill from a human rights perspective, with particular reference to Articles 2, 18 & 26 of the the International Covenant on Civil and Political Rights, and Articles 9, 10 & 14 of the European Convention on Human Rights.

TDs who cited concerns raised by Atheist Ireland

  • Willie O’Dea referred to the definition of the term ‘secular body’, and predicted that the courts will be exercised in years to come in defining what is secular, ethical or humanist.
  • Aengus O Snodaigh said that Atheist Ireland is correct that the Bill discriminates against non-religious organisations. He also had concerns about the definition of ‘secular body’. He pointed out that even the Humanist Association of Ireland might not satisfy the definition in the Bill. He referred to the Atheist Ireland’s intention to challenge the constitutionality of the Bill. He said that his preferred position would be that only State officials can solemnise marriages.
  • Emmett Stagg said of Atheist Ireland’s proposals that seeking perfection can often be the enemy of the good. He suggested that the equality and constitutional issues raised by Atheist Ireland can and will be dealt with at the constitutional forum convention.
  • In closing the debate on behalf of the Government, Joan Burton said that a concern that she had about the Atheist Ireland submission was that an Elvis impersonator in Las Vegas can perform wedding ceremonies. She said this despite the fact that there is nothing in the Atheist Ireland submission that remotely suggests that we are proposing this. She said that the reason why secular bodies are required to fulfill more criteria than religious bodies was that the authority to solemnise marriage should only be granted only to stable, long-standing and reputable organisations.

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