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Gnáthamharc

Public Order Offences.

Dáil Éireann Debate, Tuesday - 14 February 2006

Tuesday, 14 February 2006

Ceisteanna (457)

Finian McGrath

Ceist:

509 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if the proposal to give the Garda Síochána more jurisdiction in dealing with noisy neighbours and noise pollution will be investigated; and if he will work with the Department of the Environment, Heritage and Local Government on this matter. [5121/06]

Amharc ar fhreagra

Freagraí scríofa

The position remains as set out in my answer to Parliamentary Question No. 158 of 2 February 2006. The legislation on noise pollution is a matter for my colleague. the Minister for the Environment, Heritage and Local Government. His Department has issued a leaflet, A Guide to the Noise Regulations, which outlines the steps which can be taken when a person is experiencing nuisance caused by noise.

This is primarily a civil matter and as such is outside the remit of the Garda Síochána. However, when the Garda receives a complaint about neighbours causing noise, it can request them to lower noise levels. The Garda powers in this regard relate to ensuring that a breach of the peace does not occur. Complainants may also be advised by the Garda of their civil entitlements under section 108 of the Environmental Protection Agency Act 1992. This legislation was enacted to make further and better provision for the protection of the environment and control of pollution and to establish the Environmental Protection Agency.

A local authority, the agency or any person may complain to the District Court regarding any noise, which is so loud, continuous, repeated and of such duration or pitch or occurring at such a time, as to give reasonable cause for annoyance. The court may order the person or body making the noise to take the measures necessary to reduce the noise to a specified level or take measures to limit or prevent the noise. An authorised person, shall, for any purpose connected with the Act, be entitled, at all reasonable times, to enter any premises and to bring therein such other persons, including members of the Garda Síochána. An offence under the Act may be prosecuted summarily by the Environmental Protection Agency. I am not aware of any proposal to amend these provisions.

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