asked the Minister for the Environment if he proposes to introduce legislation to control noise pollution.
Ceisteanna—Questions. Oral Answers. - Noise Control.
15.
There are statutory controls at present on road traffic, neighbourbood and aircraft noise. The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 require vehicles to be fitted with a silencer and to be maintained so as to reduce noise to reasonable levels. The regulations are enforced by the Garda Síochána and the maximum penalties for offences were increased by the Road Traffic Act, 1984.
In the case of neighbourhood noise, the principal legislation is contained in the Local Government (Planning and Development) Acts, 1963 and 1976. Under section 51 of the 1963 Act, as amended, it is an offence for any person to make or cause any noise or vibration in a public place or in connection with any premises which adjoins a public place and to which the public are admitted, if the noise or vibration is of such nature or at such times as to give reasonable cause for annoyance to persons in any premises in the neighbourhood or to persons lawfully using any public place. Noise or vibration from other premises may also constitute an offence but proceedings may not be taken unless the annoyance is continued after the expiration of seven days from the date of service of a notice alleging annoyance. Such a notice must be signed by not less than three persons residing or carrying on business within the area in which the noise is heard or the vibration is felt. The penalties for offences under section 51 were increased in 1982.
Section 26 of the 1963 Act, as amended by section 39 of the 1976 Act empowers planning authorities, when dealing with applications for development, to refuse permission or impose conditions requiring the taking of measures to reduce or prevent the emission of noise or vibration from any structure which might give reasonable cause for annoyance to persons either living in or using the neighbourhood.
In regard to aircraft noise, I understand that the Minister for Communications, conscious of the adverse environmental impact that may be related to aircraft noise, has already provided by legislative measures for the control of noise made by aircraft. As a member of the International Civil Aviation Organisation, Ireland complies fully with the standards set down by that organisation relating to the maximum permissible noise emission from aircraft.
Recently, a number of EC type-approval directives relating to permissible noise levels of certain construction and other equipment were adopted. These will play a substantial role in limiting noise levels from such equipment in the future. I have no plans at this stage to introduce new legislation for the control of noise.
The Minister in his detailed reply did not refer to the level of music in public places. Is the Minister aware of the concern expressed by people in the medical profession about the high level of sound in discos and so on and does he propose to act in response to the concern expressed about the damage being done to hearing in these places?
One person's music may be another person's noise. I did refer to the case of neighbourhood noise which would encompass that sort of disturbance. The Local Government (Planning and Development) Acts cover action that could be taken in such cases.
I am not being argumentative——
It would not be in order to be argumentative.
Is the Minister aware that the noise in discos is controlled because of soundproofing? I am talking about localised high decibel noise and I would like to know if it is proposed to control this or to force discos to reduce their noise levels because of the damage to health?
I do not intend to be argumentative either, but what I said in the reply was that noise and vibrations from other premises may also constitute an offence and proceedings cannot be taken unless the noise is continued after the expiration of seven days from the date of the serving of a notice alleging annoyance. The Planning Acts could be used to combat this problem.
Is the Minister aware that the section concerning neighbourhood noise is not effective in controlling noise in a particular building, which noise may not affect adjoining or adjacent buildings but which does affect the hearing of the patrons of these discos, perhaps unknown to themselves until later years?
What the Deputy says may be quite true. In this respect I am asked to introduce legislation to control noise. Where persons knowingly and willingly go to discos and the like, there is enough evidence available to them from the medical profession to indicate that their hearing may be impaired in later life. The question relates to noise pollution and I have covered the Acts which apply at present in this area.
Could I ask the Minister——
We cannot debate noise all day.
I am not debating. This is very important.
I shall allow Deputy De Rossa and then Deputy Allen to ask supplementary questions and that is that.
The law sets down certain criteria in respect of places of public resort, concerning fire exits and the availability of air for the patrons to breathe so that they can protect their lungs and their lives. It is reasonable to expect that the law would also protect the hearing of those who frequent these establishments.
As I understand the situation at present, the initiative lies with the person who is frequenting the particular place of amusement. I agree with the Deputy that perhaps one should legislate for people's good because they may not be aware of the damage. I have given the situation as at present in my Department and the areas of control under my Department.
Would the Minister agree with the point made by Deputy De Rossa that there is need for a revision of the legislation because of the case made? Is he aware of the recent European Directive on noise emission from motor bikes? Is he considering legislation to control such noise.
I am aware of the EC Council Directive of 16 September 1984 on the approximation of laws in member states. It is a type of approval directive relating to noise from motorcycles, compressors, cranes, welders, generators and the like. As I said, this directive will apply to this country and I shall have no hesitation in adopting it.
Tá Ceisteanna 16, 24 agus 26 á gcur siar go dtí Dé Máirt seo chugainn.