Written answers

Tuesday, 26 May 2009

Department of Justice, Equality and Law Reform

Noise Pollution

10:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 265: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the problem of house alarms whose setting is too sensitive, resulting in false alerts to the gardaí and the frequent noise nuisance for neighbours; his views on the introduction of by-laws or guidelines to contain this problem; and if he will make a statement on the matter. [21287/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The legislation in relation to noise pollution is a matter for my colleague the Minister for the Environment, Heritage and Local Government. In line with the commitment in the Programme for Government and following a public consultation process the Government has recently approved the Minister's proposals for the drafting of a Noise Nuisance Bill.

While there is already a wide range of measures in place to deal with noise from a variety of sources, it is intended that the new legislation will take a more integrated approach to noise pollution. There will be a greater emphasis on codes of practice for construction, commercial and domestic situations. Local authorities will have more effective and speedier enforcement powers to deal with nuisances from particular noise sources, including specific powers of direct intervention in the case of continuously sounding alarms. It is also proposed to extend some of the enhanced powers to An Garda Síochána in certain circumstances. There will, in addition, be measures to increase awareness of noise nuisance and of how it can be remedied.

Under the Bill it will be possible to prescribe time limits for the operation of alarms and to provide for direct intervention to disable alarms from the outside of premises and to issue fixed payment notices for breaches of the time limit.

The Environmental Protection Agency Act 1992 governs noise nuisance. Section 108 of the Act, in relation to noise nuisance, provides that a local authority, the Environmental Protection Agency or a member of the public may make a complaint to the District Court.

In circumstances where the noise nuisance relating to neighbours is anti-social within the meaning of the Criminal Justice Act 2006 a member of the Garda Síochána may issue a behaviour warning.

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