Finian McGrath (Dublin North Central, Independent)
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Question 158: To ask the Minister for Justice, Equality and Law Reform his proposals to deal with noisy neighbours when the Garda Síochána refuse to intervene; and if he will work with the Department of the Environment, Heritage and Local Government on this important antisocial behaviour matter. [3648/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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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 entitled A Guide to the Noise Regulations which outlines the steps which can be taken where 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 gardaí receive a complaint about neighbours causing noise, they can request them to lower the 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 gardaí of their civil entitlements under section 108 of the Environmental Protection Agency Act 1992.

The Environmental Protection Agency Act 1992 was enacted to make further and better provision for the protection of the environment and the 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, 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.

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.