Liz McManus (Wicklow, Labour)
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Question 273: To ask the Minister for Justice, Equality and Law Reform his views on mosquito alarms being used by businesses to deter young people from congregating outside shops; his further views on whether these mosquito alarms are legal; if his attention has been drawn to any issues of health and safety surrounding these devices; and if he will make a statement on the matter. [8666/10]

Dermot Ahern (Louth, Fianna Fail)
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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 devices which might use noise to deter persons from congregating are to be fully investigated. If any person has concerns about the use of such devices in a particular locality, the matter should be reported to the Gardaí.

The legislative provisions dealing with assault are kept under constant review by my Department.