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Restaurants and bars that don't display their tips policy will face fines of up to €2,500

An amendment to the law is to be introduced to ensure tips go to the employee.

PREMISES THAT DON’T prominently display their tips policy will face fines of up to €2,500. 

Under proposed new government rules, there will be a requirement on employers to clearly display their policy on tips, gratuities and service charges, including how they are distributed to employees. 

Those that fail to clearly display their policy on their premises will be subject to a fine. 

Writing in TheJournal.ie today, Minister for Employment Affairs Regina Doherty announced that “when you walk into a restaurant or hotel in future, you will know where your tips are going”.

She said she is ”not happy” with some practices that exist where some restaurants have been using tips and gratuities to make up a portion of the wages staff have been contracted to be paid. 

Soon, the minister will propose an amendment to the Payment of Wages Act so that tips cannot be used to make-up or satisfy payment of contractual rates of pay.

“This will close off once and for all a behaviour that, while not widespread, does exist and which I believe unfairly gives the whole hospitality industry a bad name,” she said, adding that the legislation will be published in the coming weeks.

She urged all parties to support it.

The move comes after a Bill from the opposition to prevent employers deducting or withholding tips from employees was passed by the Seanad, despite government opposition.

The government has said it would not support the Sinn Féin Bill as it would have unintended consequences, and could result in workers receiving even lower take home pay. 

Last week, senators voted by 25 to 14 on an amendment to the Sinn Féin National Minimum Wage (Protection of Employee Tips) Bill, passing the Bill without a vote.

However, the government said it would place a ‘money message’ on the piece of legislation to ensure it gets stalled. 

Earlier this week, former Attorney General Michael McDowell said placing a ‘money message’ on the Sinn Féin Bill is “unlawful and must be resisted”.

TDs such as People Before Profit’s Joan Collins have called on the minister to support the opposition Bill. 

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    Mute Mickey Finn
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    Jun 16th 2019, 6:32 AM

    Hopefully they will start to tax the extra income once they establish the guidelines. It has to be the same rules for everyone in regards to additional income

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    Mute Tweety McTweeter
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    Jun 16th 2019, 9:37 AM

    @Mickey Finn: The law already requires that the income is taxed. It’s the declaring of it that is the problem.

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    Mute ez_pz_lemon_squeez
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    Jun 16th 2019, 12:18 PM

    @Mickey Finn: Taxation is theft.

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    Mute Stevie Doran
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    Jun 16th 2019, 12:58 PM

    @Mickey Finn: to pay the bond holders?

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    Mute Vin
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    Jun 16th 2019, 4:55 PM

    @ez_pz_lemon_squeez: No it’s a pre-requisite to live in the country and keeps society functioning.

    If you disagree you are free to live in another country that offers more competitive tax rates.

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    Mute G.M Lockjoy
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    Jun 16th 2019, 8:11 AM

    We need to follow in the footsteps of Japan where tipping can be considered disrespectful and rude! It’s not mandatory to tip here. America is way over the top with the whole tipping thing which is extremely annoying when anybody who as much as looks at you expects a payment! And if you don’t leave them enough they will demand more!!Go away!!!!!
    I will tip here only if I feel it’s deserved and if the tip is going to the person who looked after me otherwise no. I will never use my card to tip as this only goes to the business not the staff and I rarely have cash on me these days to leave tips willy nilly. And if a service charge is added on then forget it! Everyone can make their own decision on this. I think I’m turning Japanese!

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    Mute sue
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    Jun 16th 2019, 8:33 AM

    @G.M Lockjoy: the service charge really bugs me. it should be up to the individual to tip or not, not be forced through a service charge.

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    Mute John Horan
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    Jun 16th 2019, 8:42 AM

    @G.M Lockjoy: you are turning Japanese….you really think so?

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    Mute Hardly Normal
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    Jun 16th 2019, 11:19 AM

    @John Horan: in the spirit of the 21st century if he wants to think he’s turning Japanese then he’s turning Japanese…

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    Mute ez_pz_lemon_squeez
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    Jun 16th 2019, 12:20 PM

    @sue: Service charge wtf? 35€ for a 3 course meal should include the “service charge”. And the wages of the waiters should include the “service charge” as well.

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    Mute The Quare Fella
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    Jun 16th 2019, 12:48 PM

    @Hardly Normal:
    I think it was a pop cultural reference from the 80s

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    Mute The Quare Fella
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    Jun 16th 2019, 12:51 PM

    @G.M Lockjoy:
    America is not way over the top as pay is much lower compared with European waiting on tables and the tips are very much relied upon by staff to give themselves a decent income. The US could do with introducing a more decent, humane minimum wage.

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    Mute ez_pz_lemon_squeez
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    Jun 16th 2019, 1:15 PM

    @The Quare Fella: US doesn’t have a minimum wage policy, that’s their biggest problem.

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    Mute Vin
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    Jun 16th 2019, 4:56 PM

    @G.M Lockjoy: In America they pay the staff less and the food costs less as a result. If you just take the cheaper food and don’t tip you are a pos.

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    Mute Vin
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    Jun 16th 2019, 4:56 PM

    @sue: most service charges dont go to employees

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    Mute sue
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    Jun 16th 2019, 6:45 PM

    @ez_pz_lemon_squeez: why? Price should be final. and if the service was good, you can tip.

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    Mute sue
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    Jun 16th 2019, 6:47 PM

    @Vin: that’s why it really bugs me. it probably won’t go to the employees, you have to pay it regardless of whether or not you liked the service and then you are expected to tip?

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    Mute Sean
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    Jun 16th 2019, 11:07 PM

    @Vin: I agree in America it’s different because everyone tips but it is more confusing in countries where some tip and some don’t and some tips go to the waiters and some get divided amongst all staff and some tips just get retained by the restaurant.

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    Mute Charles McGuire
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    Jun 16th 2019, 6:28 AM

    I’d like to know the exact reasons the government thinks it will result in lower take home pay. Otherwise it comes across as wealthy politicians not protecting some of the lowest paid workers in one of the most demanding industries

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    Mute Renton Burke
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    Jun 16th 2019, 12:04 PM

    @Charles McGuire: because it means that tipping will be part of employment law, and owners can retain and pool tips and distribute them, taxed, as end of year “performance bonuses”, potentially reducing the income of some staff who would previously got the tip, tax free, and the whim of an employer. They are also in a position to include all overhead staff in receiving this tip.

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    Mute Jimmy Griffin
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    Jun 22nd 2019, 7:25 PM

    @Renton Burke: I don’t think so. I do believe it is the start of new laws by the Government which will seek to tax all tips earned by employees , blaming employers is only a smokescreen for the real agenda .

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    Mute The Mc
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    Jun 16th 2019, 7:08 AM

    It’s about time always I leave a tip. Ibdidnt know that the waitresses didnt get it im actually angry about it. Leaving a tip to a person that’s doing a good job and the boss keeping it. That’s disgusting.
    What will happen now it no one will leave tips. Because I won’t leave one again.

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    Mute Liam Meade
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    Jun 16th 2019, 6:42 AM

    when I get Good Service I Tip the staff ,even if The Fare is Crap
    I can Burn My own Sausages and Make Bitter Nasty Coffee But Sometimes it’s nice To have it Brought to you by a plesent and Cortious Person…

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    Mute Rodney Williams
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    Jun 16th 2019, 6:46 AM

    I hate the coffee shop where you’re coffee starts at 2.50€ but where you say yes to all the “would you marshmallow” etc ends up costing 6.00€

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    Mute Pseud O'Nym
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    Jun 16th 2019, 7:47 AM

    @Rodney Williams: There’s a simple solution to that, Rodders. When they ask if you want all the additional crāp, you just say “No”. It sounds crazy but believe me, I’ve tried it and it works.

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    Mute Paul Lanigan
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    Jun 16th 2019, 8:14 AM

    @Rodney Williams: I went into a car dealership recently to by a windscreen wiper, ended up buying a car. How did that happen

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    Mute Gus Sheridan
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    Jun 16th 2019, 9:56 AM

    @Rodney Williams: make your own coffee, simples…..

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    Mute Me Darlin' Dublin
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    Jun 16th 2019, 8:04 AM

    The people that are withholding the legislation should understand the meaning of tips. Give plain words their plain meaning. They are only tips! The servers are hardly going to get a mortgage on the proceeds. Let them keep if in full. Tax free. But what the servers should do is recognise the politicos that are withholding the law when they enter their establishment and treat them accordingly.

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    Mute Vocal Outrage
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    Jun 16th 2019, 6:18 AM

    How are the government justifying the addition of a money message to a bill that isn’t going to cost the state? Is there a cost I’m not thinking of?

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    Mute Brinster
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    Jun 16th 2019, 7:09 AM

    @Vocal Outrage:

    Why would you possibly object to transparent tip policies?

    Why would you object to ensuring wait staff get the tips that people leave them?

    This literally costs restaurants and bars nothing. All they have to do is confirm whether when you leave a tip, it goes to the wait staff or to the owners.

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    Mute Jimmy Griffin
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    Jun 16th 2019, 7:27 AM

    @Vocal Outrage: simple , it is a smoke screen, tips will be taxed !

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    Mute Paul Lanigan
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    Jun 16th 2019, 8:12 AM

    @Jimmy Griffin: of course they should be taxed. They’re earned income. In every other industry sales staff pay tax on commission. Why should this be any different?

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    Mute Dave Doyle
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    Jun 16th 2019, 8:15 AM

    @Brinster: You can display what you like in any manner you want. It doesn’t mean it’s carried through or followed.
    Doherty is doing all she can to pull the teeth from SF’s proposed legislation.

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    Mute ez_pz_lemon_squeez
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    Jun 16th 2019, 1:18 PM

    @Brinster: “…or to the owners.” – excuse me?!
    Also the hotel I work at doesn’t even bother to have the opening times of the restaurant and bar displayed. We constantly have people walk in after 9 pm oblivious to the fact that we close at 8:30 or even 8 when it’s dead.

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    Mute WreckDefier
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    Jun 16th 2019, 3:02 PM

    Tips should be abolished. Let the restaurants pay their staff a decent wage instead.
    Customers pay enough as it is.

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    Mute Eugene Tyson
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    Jun 16th 2019, 7:48 AM

    I usually pay by card and sometimes not possible to leave a tip. I would prefer a service charge and knowing that goes to the waiting staff would be a good idea. If it wasnt going to the waiting staff I would not pay it.

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    Mute Jono
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    Jun 16th 2019, 9:48 AM

    I got paid and taxed and if i want to give a waiter/waitress a tenner after a meal does it get taxed again ?

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    Mute Sean
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    Jun 16th 2019, 10:28 AM

    @Jono: It should be. All earned income should be taxed.

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    Mute ez_pz_lemon_squeez
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    Jun 16th 2019, 12:18 PM

    @Sean: Taxation is theft.

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    Mute Stevie Doran
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    Jun 16th 2019, 12:02 PM

    Does the same apply to Hairdressers and Beauticians who receive far greater tips than restaurant staff?

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    Mute Billy Nomates
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    Jun 16th 2019, 9:34 AM

    Once this is all organised and the norm, Revenue will be sniffing around. Surprise, Surprise

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    Mute sue
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    Jun 16th 2019, 6:59 AM

    is that for any additional tips or for the 20% service charge which should include the tip?

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    Mute Paul Lanigan
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    Jun 16th 2019, 8:15 AM

    @sue: what restaurant in Ireland charges a 20% service charge. Name just one please

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    Mute sue
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    Jun 16th 2019, 8:27 AM

    @Paul Lanigan: it’s been a while. I definitely had it on a bill before but can’t remember where. maybe they got rid of it since or it was just the one?

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    Mute Sarah Clifford
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    Jun 16th 2019, 8:41 AM

    @Paul Lanigan: tgi fridays charges 15%

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    Mute ez_pz_lemon_squeez
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    Jun 16th 2019, 1:16 PM

    @sue: Sure it wasn’t room service?

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    Mute Mark Fox
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    Jun 16th 2019, 10:00 AM

    They will still find away to f staff over.

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    Mute Liam Ward
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    Jun 16th 2019, 8:59 AM

    Not on the habit of eating out anyway nothing like home cooking as for pubs the pint is too expensive to tip ffs 5 10 for a pint of Guinness at hueston station and the stuff is only made across the rd from them only sence it makes is RIP off why dont the government bring in a fine fir all the empty stools at bars that surely must be attributing to the environment that soon would make publicans drop their prices to bring in more bums on empty stools

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    Mute The Mc
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    Jun 16th 2019, 9:47 AM

    @Liam Ward: you have a big farm anyway and plenty of food I’d say no need for you to eat out your fridge is packed out.

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    Mute Rob Cahill
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    Jun 17th 2019, 2:41 PM

    @Liam Ward: Who TF drinks in Heuston Station?? Of course pints are dearer there.. It’s a Train station.. FFS.

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    Mute ez_pz_lemon_squeez
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    Jun 16th 2019, 12:16 PM

    Good !
    Next they should target hotels that charge their own staff for staff meals.
    I had an interview not long after the min. wage was raised to 9.55€/h. They told me I’d get 8.65€/h and when I pointed out that the min. wage is 9.55€/h, they nearly laughed in my face and told me they take 75c/h for staff food; staff food that is mostly garbage and/or food that otherwise would be thrown out.
    Same town, different hotel: one time they gave rotten food for staff and the manager on duty didn’t even care; partly because they order fresh food from the bar.

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    Mute lisa duignan
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    Jun 16th 2019, 10:11 AM

    Gee. What an “exclusive” to offer the plebs on a Sunday morning eh?

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    Mute Liz Greehy
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    Jun 23rd 2019, 7:34 AM

    Tips are called tips for a r because the server hasn’t asked for the tip… hasn’t signed any contact with the person .. isn’t getting it every sale or on a certain percentage of every sale and is certainly not guaranteed a tip from every sale… a tip was always and ever at the customers discretion. If a server got a tip it v was because they had been polite and gone the extra mile. I am an employer. I pay well and fairly but tips serve as a further incentive for staff to go the extra mile. This is hugely important. I would not be in favour of taxing them on what is a small token of someone’s appreciation. I think they work hard for this token and the minute it becomes an uncertain taxable about inn their wages it no longer represents a tip as we would know it.

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    Mute James Meehan
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    Jun 16th 2019, 11:54 AM

    I only tip ladies …….. I tell them never buy tights from a mermaid.

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    Mute Leon Lehane
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    Jun 16th 2019, 11:44 AM

    This tipping is strictly for the birds
    https://youtu.be/q5ODhIFawfs

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