Dermot Ahern (Louth, Fianna Fail)

Just because I am Minister for Justice, Equality and Law Reform does not mean everything that is enforceable in court must come from my Department. Other Ministers bring forward legislation relevant to their Departments which people are obliged to go to court to enforce. That is the nature of the democracy in which we live. It is unfair to lump everything into the justice area and say that we must deal with it. I accept all of these issues are irksome and are a nuisance. However, that is what they are. There is a law of tort on nuisance.

Deputy Byrne stated that the Minister for the Environment, Heritage and Local Government, Deputy Gormley, is reviewing the noise pollution legislation. It will deal with issues of nuisance. I respectfully suggest that it is not in the criminal law but in civil law relating to property rights that this issue should be dealt with in terms of proper planning and development. A number of other issues arise such as whether one should be cutting down certain types of trees and so on. The expertise in that respect is not in the Department of Justice, Equality and Law Reform but the Department of the Environment, Heritage and Local Government.

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