Written answers

Tuesday, 31 March 2015

Department of Environment, Community and Local Government

Control of Dogs

Photo of Seán KennySeán Kenny (Dublin North East, Labour)
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629. To ask the Minister for Environment, Community and Local Government if there is legislation proposed to deal with the matter of dogs barking in residential areas, particularly at night time, considering how annoying and upsetting it is for a person to have to listen to a dog in distress for prolonged periods of time; and if he will make a statement on the matter. [12883/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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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. A copy of the form used for complaints to the Courts regarding barking is available from local authorities. It is a matter for the authorities themselves to determine the most appropriate arrangements, including administrative arrangements, for purposes of implementation. While complaints in relation to barking dogs are largely dealt with under the provisions of the Control of Dogs Acts, the position in relation to noise nuisance generally is that 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:

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The Programme for Governmentincludes a commitment to take further steps to address noise pollution, inter alia, through consideration of the introduction of fixed payment notices (also known as on-the-spot fines).  The development of new noise legislation by my Department is being considered in the context of this commitment.  However, as indicated in the Government’s Legislation Programme published on 14 January 2015, it is not possible at this time to indicate when such a Bill might be published, having regard to the broad range of legislative priorities to be progressed across my Department’s remit.

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