Written answers

Thursday, 15 September 2011

Department of Environment, Community and Local Government

Proposed Legislation

5:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 37: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that noise nuisance is a significant source of anti-social behaviour; the date in which he will introduce the noise nuisance Bill; and if he will make a statement on the matter. [24117/11]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 51: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the problems being caused by persons leafleting in housing estates during night-time hours; if his further attention has been drawn to the fact that these noises are causing distress to older and vulnerable persons living alone; and his plans to address this matter. [24104/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 37 and 51 together.

The Programme for Government includes a commitment to address noise pollution through the introduction of fixed payment notices (also known as on-the- spot fines) and provision for mediation between neighbours. The development of new noise legislation by my Department will be considered in the context of this commitment: however, it is not possible at this time to indicate when the legislation will be published.

Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to 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 A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department's website www.environ.ie .

Tackling anti-social behaviour falls principally under the remit of the Department of Justice and Equality. I am informed by that Department that the Criminal Justice Act 2006 provides for civil proceedings to tackle anti-social behaviour.

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