Séamus Healy (Tipperary South, Independent)

I wholeheartedly welcome this debate. I am sure I am not alone in finding noise pollution and inappropriate noise probably one of the most frustrating issues brought to my attention as a public representative on a regular, if not a daily, basis. It is frequently difficult to solve the problem. All involved become frustrated and the system is undermined. The reason is that the existing legislation is totally inadequate, confused, unclear and cumbersome. No doubt the lack of a single agency to deal with the area of inappropriate noise is a serious problem in ensuring that something is done about it.

I am satisfied that the current legislation is in need of review and updating. The Noise Bill 2006 put forward by the Green Party should be a template for the Government to take on board and, through the parliamentary process and particularly the committee system, to expand and outline in more detail. I hope the Government will take that view of this legislation because it provides an opportunity to once and for all take the issue of inappropriate noise by the scruff of the neck and ensure that something positive and effective is done for ordinary people who frequently find themselves in difficult circumstances as a result of noise.

The Bill seems reasonably simple, fairly practical and, above all, workable. If taken on board by the Government and by the Parliamentary Counsel, it could be fine legislation that would solve many of the problems in this area. The key to the legislation is that the matter be the responsibility on a single agency. In this case the local authority is identified as that agency. The current position is that there are two, three, four or perhaps more agencies involved and people find it difficult to deal effectively with the matter.

The Bill provides for immediate action on the difficulties that arise with inappropriate noise. The current lack of an immediate remedy is one of the most frustrating aspects of this problem for individuals affected by this noise and for politicians like me. I am sure Members on all sides of this House find the entire process frustrating because it is impossible to deal effectively with noise. The question of immediate action, which is vitally important, is addressed in the legislation.

The Bill contains a section on barking dogs. For almost 12 months I have been trying to deal with a problem concerning barking dogs. This case has been kicked from Billy to Jack — from the dog control officer to the tenant liaison officer, the EPA and the courts — without a result. This tenant involved will shortly turn the key in the local authority house door and go into private rented accommodation because he and his family simply cannot live with the situation for much longer. I, therefore, welcome the section in the Bill dealing with that area.

Construction is good example of another area in which there is need for the immediate action provision and for a single responsible agency. While noise levels are generally addressed in planning permission, in an attempt to ensure a project is brought in on time developers are often prepared to carry on work out of specified hours, and involving noise levels exceeding those contained in, the planning permission. They can only do that because there is no immediate or effective action to stop them. Under this Bill, however, the local authority noise control officer could go to such individuals and within a short period could stop the noise. We have all regularly come across cases where local residents complain about noisy developers working into the night. When one tries to sort out the situation one finds that the noise has been continuing for two or three nights to complete a job. The work was done quickly and finished in a couple of days but there is no immediate or effective action to stop it. A noise control officer could deal with such situations as they arise, which is one of the attractions of this legislation.

I would like to address a number of other issues but I will give way to my Independent colleague, Deputy Cowley.

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