Dáil Éireann Debate, Tuesday - 16 January 2018
1518. Deputy Jack Chambers asked the Minister for Rural and Community Development if there is legislation to deal with the issue of noise pollution caused by dogs barking constantly; if not, his plans to introduce legislation to address this problem; and if he will make a statement on the matter. [54462/17]
View answerThe following legislation and arrangements are in place to deal with the issue of noise pollution caused by barking dogs.
Under 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. The Court may make an order, requiring the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog. The Court may also limit the number of dogs that can be kept on a premises or may direct that the dog be delivered to a dog warden to be dealt with as an unwanted dog.
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 abated if it gives reasonable cause for annoyance. 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 from the Department of Communications, Climate Action and Environment at https://www.dccae.gov.ie/documents/A%20Guide%20to%20the%20Noise%20Regulations.pdf
A National Protocol for Dealing with Noise Complaints for Local Authorities was recently developed as a cooperative project between the Department of Communications, Climate Action and Environment; Local Authorities; and the Environmental Protection Agency. The Protocol provides guidance to Local Authorities, given existing legislation, as to what is considered best practice for dealing with noise complaints. The protocol can be accessed through the following link: http://www.dccae.gov.ie/en-ie/environment/topics/noise-pollution/typical-noise-pollution/Pages/default.aspx .
As the existing legislation provides a robust regulatory framework in relation to noise pollution from barking dogs, I have no plans to introduce further legislation in this area.
