Dáil debates

Wednesday, 29 November 2006

Noise Bill 2006: Second Stage (Resumed)

 

7:00 pm

Photo of M J NolanM J Nolan (Carlow-Kilkenny, Fianna Fail)

However, much will change before May. This is the second time I have commended the Green Party in the House on bringing forward particular Bills.

Everybody recognises that noise pollution affects an increasing proportion of the population in a society where the economy is expanding at such a rapid rate. We must change our laws to cope with the changes in our society. Industrial business transport activities are no longer confined to traditional business hours, leading to increased levels of noise during the day and night, and, therefore, the increased likelihood of incidents of noise nuisance.

Previous speakers referred to the nuisance of security alarms in housing estates and car alarms going off at all hours of the night. House alarms are a particular nuisance at weekends when householders are away. Often, this may happen on public holiday weekends when houses are unattended for up to four days at a time. I know of cases where families have gone on holidays for two weeks having left nobody to deal with alarms, which has caused serious problems. All of this causes stress, particularly for families with young children or babies trying to sleep.

It is difficult to structure legislation to cover all aspects of noise pollution. There is change in a number of areas with which we must deal. Existing legislation covers many aspects and the local authorities have the power to deal with noise nuisances, but problems remain. For example, cars with modified exhaust systems are increasingly used by young men who think this is a way of showing off. Anybody who travels in Dublin will see certain types of motorbikes on the roads which produce noise when starting off that is far in excess of what is socially acceptable. I have questioned gardaí in this regard but they claim it is difficult to monitor or to bring charges against individuals.

Existing Irish law deals with the challenge posed by the increasingly busy economy of the 24-hour society, and provides a series of safeguards which address noise pollution. However, I do not know how comprehensively, effectively or efficiently our laws deal with the problem. While all areas of noise pollution are legislated for, the provisions in place maintain a balance between the rights of the individual to the peaceful enjoyment of his or her property and the rights of others to carry out their normal activities.

Deputy Martin Brady referred to people carrying out their lawful business, in particular drivers of trucks with refrigeration units. Apart from the fact such drivers must sometimes park in residential areas where the refrigeration unit will remain in operation through the night, another problem I have heard of relates to truck drivers who must leave early in the mornings. When they start their trucks, they must let them run for four or five minutes at full tilt in order to build up the pressure so the brakes become effective. This causes difficulties in some housing estates.

The building regulations cover many aspects of the construction industry. However, problems arise where there is much construction and where housing estates are partially completed but builders are still coming to work at 7 a.m. and creating disturbance. While local authorities can and in the vast majority of cases do include regulations and conditions on planning permissions, many local authorities do not have the manpower or resources to police these aspects.

The building regulations published by the Department of the Environment, Heritage and Local Government detail legal requirements to be met in regard to sound insulation between separating walls and floors in houses and apartments. This is not working in all cases. Anecdotal evidence suggests that householders can on an ongoing basis hear what is happening in their neighbours' homes in terms of noise from television, radio and stereos.

I commend the Green Party on bringing forward the Bill. Anything that improves quality of life in this country is to be recommended and is supported by my party.

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