Dáil Éireann Debate, Wednesday - 9 May 2018
234. Deputy Seán Haughey asked the Minister for Communications, Climate Action and Environment if he is satisfied there are adequate measures in place to control noise levels in concert halls and cinemas; if these measures are being enforced by local authorities; and if he will make a statement on the matter. [20350/18]
Amharc ar fhreagraWhenever a person considers a noise to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times that it gives reasonable cause for annoyance, he or she can initiate action to deal with it, for example, by engaging with the individual or entity causing the noise to come to some mutually acceptable understanding, or by contacting their local authority. Local authorities may initiate proceedings on grounds of noise nuisance under section 107 of the Environmental Protection Agency Act 1992.
Furthermore, section 108 of that 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 task of the District Court is to hear both sides of the case. The procedures involved have been simplified to allow action to be taken without legal representation. A Guide to the Noise Regulations has been prepared by my Department and is available online at:
https://www.dccae.gov.ie/documents/A%20Guide%20to%20the%20Noise%20Regulations.pdf
Additionally, local authorities have developed a ‘National Protocol for Dealing with Noise Complaints’ as a cooperative project between my Department, 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 at:
http://www.dccae.gov.ie/en-ie/environment/topics/noise-pollution/typical-noise-pollution/Pages/default.aspx
Furthermore, section 12 of the Safety, Health and Welfare at Work Act 2005 places an obligation on every employer to manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work (not being his or her employees) are not exposed to risks to their safety, health or welfare.
