Finian McGrath (Dublin North Central, Independent)
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Question 150: To ask the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [23997/09]

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. In general, it is advisable that the person affected by a barking dog raise the issue with the owner of the offending animal. Should this avenue fail, the person can proceed to court. A copy of the forms used for complaints regarding barking dogs is available from local authorities.

While complaints in relation to barking dogs are largely dealt with under the provisions of the Control of Dogs Act, noise nuisance generally is dealt with under Section 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.

In addition, the Government has recently approved the drafting of a Bill to strengthen existing legislation on noise nuisance, in line with the commitment in the Programme for Government. A public consultation process has been completed, and account is being taken of submissions received from the public and key stakeholders. I intend that the new legislation will take a more integrated approach to noise nuisance. There will be a greater emphasis on codes of practice for construction, commercial and domestic situations. Local authorities will have stronger enforcement powers to deal with nuisances from particular noise sources, including noise from barking dogs, and I also see the need to extend the powers of the Garda Síochána in certain circumstances. There will, in addition, be measures to increase awareness of noise nuisance and of how it can be remedied.

I share the concern that excessive or unnecessary lighting should be minimised, in the interest of public amenity. A number of Local Authorities have already raised the issue of light pollution in their development plans, aiming to ensure that the design of external lighting minimizes the incidences of light spillage or pollution into the surrounding environment. However, there is currently no environmental legislation pending or in force, at either EU or national level, on light pollution. My Department and the Environmental Protection Agency continue to monitor emerging EU and international policy in relation to this issue.