Finian McGrath (Dublin North Central, Independent)
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Question 486: To ask the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [27756/09]

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. It is also open to local authorities under sections 107 or 108 of the Environmental Protection Agency Act 1992 to initiate an action to deal with noise nuisance and Dublin City Council (Environment Section) is the appropriate authority to contact in this regard.

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.

While there is already a wide range of measures in place to deal with noise from a variety of sources, I am currently examining options to strengthen legislation on noise pollution as provided for in the Programme for Government. The Government recently approved the drafting of a Noise Nuisance Bill which 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. There will, in addition, be measures to increase awareness of noise nuisance and of how it can be remedied, and to strengthen existing local authority powers including a system of fixed payment notices in relation to noise nuisance offences. The Bill will also extend to the Garda Síochána some of the more appropriate improved powers of the local authority authorised officers.