Finian McGrath (Dublin North Central, Independent)
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Question 670: To ask the Minister for the Environment, Heritage and Local Government the situation regarding noisy neighbours and the action elderly residents can take within the law to deal with this situation. [6145/08]

John Gormley (Dublin South East, Green Party)
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Under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994, a person may seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal options available to persons experiencing noise nuisance is available from my Department and is also on the Department's website, www.environ.ie.

Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is, or is not, acceptable. The local authority is empowered, under Section 62 of the Housing Act 1966, to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement.

In the case of noise nuisance being caused by individuals in private rented accommodation, the Residential Tenancies Act 2004 contains a provision 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 (PRTB) in accordance with the procedures in the Act.

I am currently examining options to strengthen legislation on noise pollution as provided for in the Programme for Government.