Mary Upton (Dublin South Central, Labour)
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Question 460: To ask the Minister for the Environment, Heritage and Local Government if his Department has responsibility for noise pollution caused by dogs constantly barking and creating a nuisance for their neighbours; and if he will make a statement on the matter. [20987/08]

John Gormley (Dublin South East, Green Party)
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Under the provisions of section 25 of the Control of Dogs Act 1986, the District Court may act on a complaint by any person where a nuisance has been created by excessive barking by a dog. A copy of the Form used for complaints to the Courts regarding barking is available from local authorities.

While complaints in relation to barking dogs are largely dealt with under the provisions of the Control of Dogs Acts, the position in relation to noise nuisance generally is that a legal remedy has been provided under Article 108 of the Environmental Protection Agency Act 1992 (Noise) Regulations 1994. This allows an individual, a group of residents, a local authority or the Environmental Protection Agency to make a complaint to the District Court in respect of noise which gives reasonable cause for annoyance, for the purpose of obtaining an Order for the reduction, prevention or limitation of the noise. The defendant is obliged to comply with any such Order.

I am currently examining options to strengthen legislation on noise pollution as provided for in the Programme for Government. My intention is to consult with key stakeholders, including local authorities, and I will announce my preferred approach as soon as possible.