Dáil Éireann Debate, Wednesday - 15 November 2023
112. Deputy Steven Matthews asked the Minister for Justice if her attention has been drawn to concerns of members of An Garda Síochána regarding the inability to enforce noise pollution laws; and if she will make a statement on the matter. [50135/23]
View answerAs the Deputy may be aware, the primary legislation dealing with noise pollution is the Environmental Protection Agency Act 1992. The Act designates the Environmental Protection Agency (EPA) as the primary body responsible for regulation of noise pollution. The EPA is also the sole designated prosecuting authority for offences under the Act. Any review of the existing legislation to provide authorised persons under the Act the power to issue on the spot fines is a matter for my colleague, the Minister for Environment, Climate and Communications as a result.
Members of An Garda Síochána are not designated as authorised persons for the purposes of enforcement of the Act under Section 3, though an authorised person may request the assistance of a member of An Garda Síochána in the performance of their duties under the Act.
Complaints under the EPA Act may also be brought by an individual to the District Court.
An Garda Síochána has adequate powers under legislation related to breaches of the peace in a public place and anti-social behaviour. In relation to domestic noise, a member of the Gardaí may request that a person reduce the noise coming from a dwelling - however, it is important to note that Gardaí may not enter a dwelling without a warrant or by invitation of the owner.
Noise complaints may be reported to a person's local or nearest Garda Station. However, as advised on the Garda website, persistent noise complaints should be directed to the Department of Environment, Climate and Communications.
