Terence Flanagan
Ceist:431 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied); and if he will make a statement on the matter. [12501/10]
Amharc ar fhreagraTuesday, 23 March 2010
Ceisteanna (308)
Freagraí scríofa
The issue raised by the Deputy is primarily a civil matter and as such is outside the remit of An Garda Síochána. However, when An Garda Síochána receives a complaint about behaviour by neighbours, they can request them to cease that behaviour. The Garda powers in this regard relate to ensuring that a breach of the peace does not occur.In circumstances where the behaviour is anti-social within the meaning of the Criminal Justice Act 2006, a member of An Garda Síochána may issue a behaviour warning.
Complainants may also be advised by An Garda Síochána of their civil entitlements under section 108 of the Environmental Protection Agency Act 1992. A local authority, the Agency or any person may complain to the District Court regarding any noise, which is so loud, so continuous, so 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 to take measures to limit or prevent the noise.
There is provision in legislation under the aegis of the Department of the Environment, Heritage and Local Government for third parties who are adversely affected by the behaviour of private or local authority tenants. The Department has published details of the powers available to local authorities in relation to anti-social behaviour and information in relation to noise nuisance, including information relevant to local authority dwellings, private rented and privately owned dwellings, on its website www.environ.ie. As part of the preparatory process for new legislation on noise pollution an extensive public consultation was undertaken by the Department. After consideration of the submissions received during the consultation process, the General Scheme of a Noise Nuisance Bill was approved by the Government in 2009.