Aodhán Ó Ríordáin
Question:331. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the powers of the gardaí in dealing with excessive noise from house parties; and if he will make a statement on the matter. [48199/13]
View answerTuesday, 12 November 2013
Questions (331)
Written answers
As the Deputy will appreciate, legislation on noise nuisance comes within the remit of my colleague the Minister for the Environment, Community and Local Government. I am advised that 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 the Department’s website www.environ.ie.
I am informed by the Garda authorities that it is the policy of An Garda Síochána to deploy personnel to establish a highly visible and accessible service to communities to tackle crime, the fear of crime and anti-social behaviour. In this regard anyone who feels that they are subject to criminal or anti-social behaviour should report the matter to their local Garda station.
Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January 2007. Part 13 of the Act, which relates to anti-social behaviour by children, was commenced on 1 March 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and finally to the making of a behaviour order by the Children Court. With regard to adults, they include a warning and the making of a civil order by the court.
The Act provides that a person behaves in an anti-social manner if the person causes or, in the circumstances, is likely to cause, to one or more persons who are not of the same household as the person harassment, significant or persistent alarm, distress, fear or intimidation or significant or persistent impairment of their use or enjoyment of their property.