Vol. 569 No. 3
402 Mr. R. Bruton asked the Minister for the Environment Heritage and Local Government if he has satisfied himself that the existing law gives residents sufficient protection against noise and nuisance caused by barking or aggressive dogs; if he receives regular reports on the extent to which noise problems have been investigated and successfully abated; and if he will make a statement on the matter. [17436/03]
The statutory framework for the control of dogs – the Control of Dogs Acts 1986 and 1992 and the Control of Dogs Regulations 1998 – is comprehensive. The principal features of the system involve local authorities or, in some cases, the ISPCA acting on their behalf, discharging dog control functions, including appointing dog wardens, operating shelters for stray or unwanted dogs, seizing stray dogs and arranging for the destruction of dogs that are not reclaimed or for which new homes cannot be found.
Dog control legislation also imposes requirements on the owner or other persons in charge of a dog not to permit the dog to be in any place other than the premises of the owner or other person whose consent has been obtained, unless the dog is accompanied and kept under effectual control.
As regards dangerous dogs, the Control of Dogs Regulations 1998 prescribe leashing and muzzling requirements in respect of certain breeds of dog. These requirements must be observed when the dog is in a public place and the person in charge must be over 16 years of age and must be capable of controlling the dog. Furthermore, the 1986 Act gives specific powers to the courts to order that a dog, which the court considers dangerous, shall be kept under proper control or be destroyed.
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. My Department does not have information on the number of complaints made to the courts or the number of convictions obtained. While complaints in relation to barking dogs are largely dealt under the provisions of the Control of Dogs Acts, the position in relation to noise nuisance generally is that a legal remedy has been provided under Section 108 of the Environmental Protection Agency Act 1992 (Noise) Regulations 1994. This allows an individual, a group of residents, a local authority or the Environmental Protection Agency to make a complaint to the District Court in respect of noise which gives reasonable cause for annoyance, for the purpose of obtaining an order for the reduction, prevention or limitation of the noise. The defendant is obliged to comply with any such order. I have no plans to review this legislation at this stage.
