Ivor Callely
Question:6 Mr. Callely asked the Minister for the Environment if he will introduce regulations for the purpose of limiting the length of time intruder alarm bells ring; and if he will make a statement on the matter. [2266/95]
Ceisteanna—Questions. Oral Answers. - Intruder Alarms.
Under the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994, individuals and local authorities may take action in relation to noise nuisance by way of application to the District Court to have the noise abated.
While this remedy could be effective in relation to particular instances of noise caused by intruder alarms, the limitation of the "ringing" duration of these alarms would be more appropriate to product standard controls, such as operate on an EU-wide basis, for example, in relation to lawnmowers. At present the National Standards Authority of Ireland has specified a voluntary standard for intruder alarms which covers the "ringing" duration. Formalisation of this standard would in practice required wider EU agreement.
I take this opportunity to wish the Minister and Minister of State well in their appointments. Will the Minister agree that addressing the problem of noise from an adjoining residence or business house under the Environmental Protection Agency Act is a long-winded procedure? Occasionally loud sirens and bells ring not only for days or weeks but indefinitely. Has any survey of this been carried out in the Department? Can the Minister introduce a regulation under the aegis of his Department rather than apply the European directive to deal with the problem? Surely we can address the matter by way of regulation.
There are two options which can be taken in this matter. The general problem of noise comes within the remit of my Department and the Environmental Protection Agency. Under the provisions of section 107 of the Environmental Protection Agency Act, a local authority can take action against a noise polluter. Under the provisions of section 108 an individual can take action and have direct access to the District Court, which is not all that complicated or difficult.
A more general point relates to intruder alarms generally. If the Deputy is minded to pursue the issue of a fixed duration for ringing, that is the responsibility of my colleague the Minister for Enterprise and Employment. It is open to him to establish a product standard control order to fix the ringing duration. Normally it would be done on a European Union wide basis but there is a competence to do it for health or safety reasons, if the Minister for Enterprise and Employment is so minded.
I thank the Minister for his reply. However, I would welcome a reply on whether surveys on noise have been carried out. Will the Minister contact his colleague, the Minister for Enterprise and Employment and ask for a regulation on ringing duration of bells and sirens? We all agree that bells and sirens cause a nuisance and much hassle. It is a simple matter that can be easily addressed. I would appreciate if the Minister would take it upon himself to contact his colleague to address the question of noise nuisance, a matter which could be simply and easily addressed.
We are having quite an amount of repetition.
On the request to approach the Minister for Enterprise and Employment, I invite the Deputy to argue his case clearly and directly with the Minister.
He is my constituency colleague.
I am sure the Deputy's constituency colleague will listen to him. I am not aware of any national survey having been carried out.
On noise pollution, will the Minister take responsibility for helping people to deal with it in their own right? Will he acknowledge that in a small community a person who takes a case to the Circuit Court is considered a trouble maker or a nuisance in some cases? The issue of noise pollution, as outlined in the Deputy's question, also relates to bird scarers in agricultural areas? Will the Minister change the regulation to allow the Garda to take action as in the case of a disco or for any other loud noise? They do not seem to be able to take action in this case.
Under the Environmental Protection Agency Act it is open not only to an individual under section 108, it is also open to a local authority under section 107, to complain. An individual who complains to a local councillor can remain anonymous if the local authority is minded to take action.
What about the Garda?
Why should the Deputy want to go to the Garda? Is the local authority not a suitable vehicle?
What is to happen if the noise occurs at the weekend?
Section 106 of the Act provides for setting standards by my Department in relation to noise generally. There is no international agreed standard of noise measurement for determining standards within member states and that is a problem.
Ireland is participating in a working group set up to help the European Commission prepare a comprehensive approach to the issue of noise. Once an international determination of measurement is set we will be able to set national regulations which will be enforceable by the Garda.