Finian McGrath (Dublin North Central, Independent)
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Question 353: To ask the Minister for Justice, Equality and Law Reform if there is any role for the Garda in a dispute between neighbours on noise pollution and the advice on this difficult situation between residents. [7794/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Legislation relating to noise pollution is a matter for my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Cullen. The Department of the Environment, Heritage and Local Government has issued a leaflet, A Guide to the Noise Regulations, which outlines the steps to be taken when a person experiences nuisance caused by noise. While it is primarily a civil matter and is therefore outside the remit of the Garda, when the Garda receives a complaint about neighbours causing noise, it can request them to lower the noise levels. The powers of the Garda in this regard relate to ensuring that a breach of the peace does not occur. Complainants may be advised by the Garda of their civil entitlements under section 108 of the Environmental Protection Agency Act 1992, which was enacted to make further and better provision for the protection of the environment and the control of pollution and to establish the Environmental Protection Agency.

A local authority, the Environmental Protection Agency or any person may complain to the District Court about any noise which is so loud, continuous, repeated and of such duration or pitch or occurring at such a time as to give reasonable cause for annoyance. The court may order the person or body making the noise to take the measures necessary to reduce the noise to a specified level or to take measures to limit or prevent the noise. An authorised person is entitled at all reasonable times to enter any premises for any purpose connected with the Act and to bring therein such other persons, including members of the Garda. An offence under the Act may be prosecuted summarily by the Environmental Protection Agency.