Fergal Browne (Fine Gael)
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Ba mhaith liom fáilte a chur roimh an Aire. I am 33 years of age, which is not old, and I enjoy going out, but I get a pain in my ears and face in venues where the music is so loud that one cannot speak to people. If I wanted such, I would go to a rock concert, where it would be expected.

Recently, I was in a small pub in west County Clare where the musician's speakers were almost as big as the pub. I do not know where he thought he was playing. If he had been playing at Croke Park, I would have said that was fair enough. Last weekend, I attended a function where no one, including young people, could speak because the band was playing too loudly for the room in question.

A man I know is almost deaf and forks out €3,000 on hearing aids. The Department of Social and Family Affairs pays half the cost. I do not know whether there are inspectors to monitor noise levels and issue guidelines. Some of my friends are involved in bands, but if they are exposed to unnecessarily loud noise levels, their hearing will deteriorate in the long term. The public deserves protection.

We have all attended weddings, functions and dinner dances where the noise level was ridiculous. Recently, I attended a dinner dance at my local GAA club where a fantastic band played. While the music was loud enough to sing or dance to, it was not difficult to speak to people off the dance floor, which is as it should be.

For musicians and the public, this is a health and safety issue in respect of which the Department should have guidelines and inspectors to fine bands and venue managers in breach of the guidelines. A noise pollution Bill was passed by the Dáil, but I am unsure whether it referred to this proposal.

I am not trying to come across as an old fogey. I look forward to going to many dinner dances in the future but I want to enjoy myself at them. Having to shout in someone's face and repeat oneself three or four times is not fun anymore. We owe it to the public to have guidelines in place, with a team of inspectors who can monitor the noise levels and make the management of venues responsible so patrons who pay to attend these functions enjoy themselves. A rock concert is different because if people go to get their ears blown off, that is their choice. There should, however, be a limit at other functions and guidelines should be in place.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Gabhaim buíochas leis an Teachta as ucht na ceiste seo a thógáil inniu. I assure Senator Browne that I could not agree more with him. I also attend many venues and if I want to talk to someone, I ask them to step outside so we can have a conversation in peace and quiet. I remember the youth club in Corr na Móna was having a Christmas show and my son did a marvellous take off of me at a venue pulling out the note book, bending the ear and taking the message. We all do that.

The Health and Safety Authority is statutorily responsible for the enforcement of workplace safety, health and welfare legislation. Earlier this year, Deputy Killeen, the Minister of State at the Department of Enterprise, Trade and Employment, signed the Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006, SI 371 of 2006, into law. These regulations are the most modern noise legislation on our Statute Book.

The regulations transpose EU Directive 2003/10/EC into law. The directive recognises that the music and entertainment sectors have particular characteristics which require practical guidance for effective application of its provisions. An interim period up to 15 February 2008 is allowed to develop these guidelines before the new requirements apply. The Health and Safety Authority will develop and consult on the guidelines or code of practice to provide practical guidance to employers and employees in these sectors.

In the meantime, the provisions of the European Communities (Protection of Workers)(Exposure to Noise) Regulations 1990, SI 157 of 1990, apply to the sector. The Health and Safety Authority published guidelines for the entertainment industry association with those regulations in 2004. The guidelines make a number of recommendations for the management of noise where it has been assessed as a risk to employees.

Preventative measures highlighted in the guidelines include the reduction of noise at source, such as noise limitation equipment fixed to the volume controls of speakers so that DJs and other performers cannot exceed a given level; the provision of hearing protectors which must be appropriate for protection from measured noise levels; and information and training for employees.

Control measures were recommended. These include reducing noise exposure in the entertainment sector, which can be as simple as turning down the sound level and fixing limiting devices which prevent the sound rising above a specified level. Speakers can also be arranged so that staff are less exposed, staff can be rotated from noisy areas to quiet areas and DJs can be provided with soundproof enclosures.

During 2003, inspectors from the Health and Safety Authority carried out 73 noise control inspections to measure noise in places of entertainment, of which ten were as a result of follow-up inspections. Noise measurements were taken and the results showed that 50% of the premises had noise levels above the 85 dBA threshold, while 35% were above 90 dBA. The compliance rate was found to be about 30%.

From 15 February 2008, the provisions of the 2006 regulations will apply across the board to all workplaces. The regulations supplement and add specific detail to a range of general provisions under the Safety, Health and Welfare at Work Act 2005. The regulations specify exposure action values, the level of daily noise exposure or peak pressure level which, if exceeded, requires specified action to be taken to reduce risk to any employee, and exposure limit values, the level of daily noise exposure or peak sound pressure, which must not be exceeded for any employee.

An employer must ensure that the risk arising from exposure of his or her employees to noise is either eliminated at source or, where this is not reasonably practicable, reduced to a minimum. Where employees are liable to be exposed to noise at work at or above a lower action value, an employer must make a suitable and appropriate assessment of the risk arising from such exposure. If a risk assessment indicates that an upper action value is exceeded, an employer must establish and implement a programme of technical or organisational measures, or both, designed to reduce exposure to noise.

Where noise exposure exceeds the lower action values, an employer must make individual hearing protectors available and an employee whose exposure equals or exceeds the upper action values must use individual hearing protectors. An employer must ensure, as far as is reasonably practicable, that hearing protectors are used in accordance with the regulations, and that the measures are effective.

In addition to specifying provisions relating to employee information, training and consultation, the regulations require an employer to provide for appropriate heath surveillance to be made available to those employees for whom a risk assessment carried out under the regulations reveals a risk to their health.

The protection of non-employees from exposure to noise, such as from live bands and other music sources in places of entertainment, is outside the scope of Directive 2003/10/EC and the Control of Noise at Work Regulations 2006. Accordingly, no specific such inspections have taken place to monitor such noise and there are no plans by the Department of Enterprise, Trade and Employment or the Health and Safely Authority to introduce guidelines on the protection of non-employees from exposure to noise at places of entertainment.

The implementation of some noise elimination and control measures in respect of the protection of employees at work in places of entertainment may also result in reduction of exposure to other persons at a premises to noise but that is a by-product rather than an integral component of the directive and regulations. Members of the public who wish to complain about noise as a nuisance or as environmental pollution can address their complaints to their local authority for appropriate action.

Fergal Browne (Fine Gael)
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I thank the Minister for his reply but the last paragraph says it all. The Health Service Executive owes it to employees and patrons in venues to protect them. I would not like to be a bouncer working in a night club four nights a week having to endure such noise. It must be bad for their hearing and there is a need for guidelines for patrons and employees. As for going to local authorities, forget about it, it will not happen.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The smoking ban came in to protect employees but it protects those of us who spend time in other people's workplaces. It is a by-product that no one smokes in pubs now. Unless an employee is provided with ear protection, noise must be below a level sustainable for them and a by-product of that is that everyone else present benefits. The other option is to distribute individual ear protection.