Finian McGrath (Dublin North Central, Independent)
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Question 275: To ask the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [8737/10]

Dermot Ahern (Louth, Fianna Fail)
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The issue raised by the Deputy is primarily a civil matter and as such is outside the remit of An Garda Síochána. However, when An Garda Síochána receives a complaint about neighbours causing noise, they can request them to lower the noise levels. The Garda powers in this regard relate to ensuring that a breach of the peace does not occur. In circumstances where the noise nuisance relating to neighbours is anti-social within the meaning of the Criminal Justice Act 2006, a member of An Garda Síochána may issue a behaviour warning.

Complainants may also be advised by An Garda Síochána of their civil entitlements under section 108 of the Environmental Protection Agency Act 1992. A local authority, the Agency or any person may complain to the District Court regarding any noise, which is so loud, so continuous, so repeated and of such duration or pitch or occurring at such a time, as to give reasonable cause for annoyance. The court may order the person or body making the noise to take the measures necessary to reduce the noise to a specified level or to take measures to limit or prevent the noise.

Legislation in relation to noise pollution is a matter for my colleague the Minister for the Environment, Heritage and Local Government. As part of the preparatory process for new legislation an extensive public consultation was undertaken in 2008. After consideration of the submissions received during the consultation process, the General Scheme of a Noise Nuisance Bill was approved by the Government.

The Department of the Environment, Heritage and Local Government has published advice in relation to noise nuisance on its website www.environ.ie, including information relevant to local authority dwellings, private rented or privately owned dwellings.