Batt O'Keeffe (Cork South Central, Fianna Fail)

I welcome the opportunity to address the House on this Bill and to outline Government policy in this area. Environmental noise arises from a great many sources, from large scale activities such as industrial installations, urban road and rail traffic and major construction sites to more local noise associated with security alarms, social activity and general neighbourhood noise. Many industrial and commercial activities are no longer confined to traditional business hours and noise at night, especially between the hours of midnight and 7 a.m., can be very stressful for many people.

Noise is a very individual issue. On one side, some people tend to be naturally noisy while others are very quiet, and a significant majority falls somewhere between the two extremes. On the other side, some people are very sensitive to all forms of noise while others are generally unaffected by the din of everyday activities. Seeking to address environmental noise is ultimately a matter of balance and reasonableness.

Environmental noise is a symptom of our very active and busy lifestyle that presents a catch-22 type situation in that we all need some quiet time to rest and recharge our batteries if we are to keep pace with family, business demands, and social activity. In many instances it seems that social activities are more likely to begin rather then end at midnight. Unlike other areas of environmental pollution on which we have developed a very definite and determined focus over many years, such as air quality, water quality and waste management, noise is something that has crept up on us to a certain extent.

If time permitted, I am quite sure every Deputy in the House would be able to provide examples of noise issues for the purposes of this debate. I fully understand the background to the Bill, my difficulty is that no context is presented in terms of the various provisions that already exist in law. This is the appropriate starting point for any debate on environmental noise.

Controlling environmental noise pollution is principally addressed through section 107 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994. More recently, the Environmental Noise Regulations 2006 give effect to EU Directive 2002/49/EC concerning the assessment and management of environmental noise. On foot of this legislation, local authorities have significant powers to address environmental noise. These powers enable local authorities to intervene to prevent or limit noise in a wide range of activities and they have proved effective for many years. An immediate area of interest in this debate is the opinion of local authorities on the effectiveness of the existing legislation and whether there are improvements that might be made from their perspective.

In addition to the powers available to local authorities, individuals and groups of individuals now have access to an inexpensive and simplified legal remedy to noise nuisance under the 1994 regulations. This allows any person experiencing noise nuisance to bring a case before the District Court for a nominal fee of just €18 and with no requirement to have legal representation. As a general rule of thumb, non-domestic environmental noise issues are pursued by local authorities while domestic cases, such as issues between neighbours over anti-social use of radios, televisions and other sound systems, are a matter for the individual affected by the noise. In such domestic cases, direct access to the District Court offers a simple and effective remedy. To bring as much clarity as possible to the debate, I now propose to look at the existing legal remedies in more detail.

Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to have measures taken to prevent or limit noise. These powers are generally exercised in preventing and limiting noise from commercial and industrial premises within their functional areas. Notice can be served by a local authority on any person in charge of any premises, processes or works, other than an activity which is subject to the integrated pollution prevention and control licensing system administered by the Environmental Protection Agency. In the case of an activity that is required to be licensed by the agency, it is a matter for the agency to address all complaints about the activity, including those related to noise.

The Environmental Protection Agency Act 1992 (Noise) Regulations 1994 allows any individual or local authority to take a noise complaint to a District Court and to seek an order from the court to deal with the noise nuisance. For example, an order might be sought to address a case of noise that is so loud, so continuous, so repeated, of such pitch or duration or occurring at such times, that it gives a person reasonable cause for annoyance.

First, the person or local authority submitting the complaint must give notice to the person causing the noise of the intention to take the matter to the District Court. The court will hear both sides and where it finds in favour of the person who made the complaint, it can order the person or body making the noise to reduce it to a specific level, to limit it — for example, to specified times — or to stop it altogether.

My Department has produced a leaflet for the public providing general information about noise nuisance which also details the procedures to be followed when taking a case under the 1994 regulations. The leaflet is available from the Department, ENFO, and from their respective websites.

Noise nuisance caused by neighbours makes up the vast majority of noise complaints to my Department. The source of the noise generally dictates the most appropriate course of action. A key element in most neighbourhood issues over noise is whether the individual causing the noise is a private homeowner, a private rented tenant or a local authority tenant.

If the person causing a noise nuisance is a private homeowner, the most appropriate course is for the person experiencing the noise nuisance to use the legal remedy provided under the 1994 regulations and take the matter to the District Court. I appreciate that such a course is not suitable in every instance but it should not be overlooked as a simple and effective course of action that is available to everyone at a very modest cost.

Since December 2004 all privately rented properties must be registered with the Private Residential Tenancies Board. In the case of noise nuisance being caused by individuals in private rented accommodation, the Residential Tenancies Act 2004 imposes statutory obligations on landlords and tenants of private residential tenancies. Tenant responsibilities under the Act include an obligation not to engage or allow visitors to engage in anti-social behaviour, which is defined as including persistent noise that interferes with the peaceful occupation of other dwellings in the neighbourhood. The Act also imposes a responsibility on landlords to enforce the tenant obligations.

There is provision in the Residential Tenancies Act 2004 for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the Private Residential Tenancies Board. If an alternative legal remedy is being pursued, such as the remedy provided for under the 1994 noise regulations, then the board cannot intervene. It is important, therefore, for persons who are affected by noise from a private rented dwelling to examine both options before acting.

Local authorities are empowered under section 62 of the Housing Act 1966 to initiate proceedings to secure an eviction where a tenant has breached the conditions of a tenancy agreement. Noise nuisance is one of the areas covered under this legislation. The tenancy agreement, the legal basis of the relationship between the local authority and its tenants, will generally contain provisions on the types of behaviour which are acceptable and not acceptable. A person who is affected by noise caused by a tenant of a local authority property should raise the matter directly with the local authority in the first instance.

Noise nuisance from domestic and commercial intruder alarms is one of the most noticeable problems and a common cause of complaint. Generally, noise nuisance caused by an intruder alarm on commercial premises is a matter for the local authority concerned. I have mentioned the extensive powers available to local authorities to address noise.

Noise nuisance from domestic security alarms should be taken up with the occupier of the property in the first instance. If this course of direct action proves ineffective — I am aware of how unaccommodating some people can be in matters of this nature — the matter should be pursued as a neighbourhood noise nuisance problem which should be referred to the local authority and, if necessary, the District Court.

Noise nuisance from alarms has also been addressed through industry standards. The new European standard, EN 50131, was introduced in March 2004 and incorporates considerably stricter controls regarding minimum and maximum durations for the sounding of external intruder alarms in buildings. The minimum time is 90 seconds and the maximum time is 15 minutes. Furthermore, from 1 November 2005, installers of alarms are required to register with the Private Security Authority and from 1 August 2006, installers cannot operate in the State without a licence from the authority. For the purpose of obtaining a licence, applicants mush show they have attained the European standard EN 50131. In addition, I understand that the connection of monitored business intruder alarm systems to Garda stations is contingent upon, inter alia, the use of alarm systems that are certified by the National Standards Authority of Ireland and installed by certified installers.

Noise nuisance from pubs and nightclubs is another common source of complaint. The problem can be addressed by the local authority concerned or on foot of an application to the District Court by any individual or group of individuals. A complaint can also be pursued through the licensing laws and should be brought to the attention of the Garda.

The Control of Dogs Act 1986 consolidates, amends and extends the law relating to the control of dogs and contains powers to deal more effectively with the problem of dangerous dogs and general dog control. A series of regulations was introduced under the Act, including 1987 regulations which prescribe the form of notice to be served on the occupier of a premises in which a dog is kept and where a person intends to make a complaint to the District Court regarding a nuisance due to excessive barking of a dog. Recourse to the 1994 noise regulations is also available as a legal option.

Outdoor events, especially during the summer months, are important to the social life of town and cities and, in some cases, the nation. From a noise point of view, these events present local authorities with a new challenge. For example, Dublin City Council reported that 2003 was an extremely busy year for outdoor events in the city. The noise control unit of the city council carried out monitoring at a number of venues, including most notably the highly successful opening and closing ceremonies of the Special Olympics, both during the sound tests and over the duration of the events. Furthermore, members of the unit are engaged at the pre-planning stages, liaising with promoters and organisers of events. An important element of the city council's success in this area is the issuing of notices under section 107 of the Environmental Protection Agency Act 1992 prior to all events. A successful prosecution was secured for breach of a notice during one event in 2003.

On noise nuisance caused by building or construction work, there is a common misconception that a specified statutory period applies during which certain works, for example, construction, road works and DIY, are prohibited. While this is not the case, a planning authority may attach conditions to individual planning permissions for any development on a case by case basis. These tailored conditions may include restrictions on the times at which construction work can be undertaken. A person who experiences unacceptable noise from a construction site should, in the first instance, contact the local planning authority to ascertain whether any such conditions apply. If no conditions apply, a local authority may still address the issue under section 107 of the Environmental Protection Agency Act 1992 or the person affected by the noise may pursue the matter under the 1994 regulations.

Part E of the 1997 building regulations sets out minimum requirements for sound insulation in buildings, including new dwellings. Home Bond is carrying out a major study of sound insulation standards in Ireland and a number of other European Union member states. The survey is due for completion by mid-2007 and it is intended to initiate a review of Part E of the regulations and the related technical guidance document in the light of its results and in consultation with the building regulations advisory body.

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