Paul Gogarty (Dublin Mid West, Green Party)
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Question 173: To ask the Minister for Justice, Equality and Law Reform his views on the use of mosquito sirens which emit a high-pitched sound only audible to younger people as a means of deterring groups of young people from gathering in the vicinity of shops, and so on in view of the indiscriminate nature of such devices in causing discomfort to many young people who are innocently in their vicinity, including babies and small children who can become very distressed and are unable to explain to their parents what is upsetting them as their parents are unable hear the noise themselves; his views on whether their impact on innocent children constitutes a form of assault; his further views on whether legislation or guidelines governing their use would be appropriate; and if he will make a statement on the matter. [8582/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I understand that the device referred to by the Deputy is used to deter people from congregating or loitering.

Section 2 of the Non-Fatal Offences Against the Person Act 1997 creates the offence of assault and refers to the application of force. The section specifies that "force" includes application of, inter alia, noise.

I am informed by the Garda authorities that an instruction has issued to all members of An Garda Síochána that any complaints received regarding the use of such devices are to be fully investigated. The legislative provisions dealing with any form of assault are kept under constant review by my Department.