ANYONE WHO has endured sleepless nights because of inconsiderate neighbours will welcome a discussion document on noise pollution published by Minister for the Environment John Gormley. Existing legislation is cumbersome, complicated and ineffective in our increasingly urban society. But it is important to point out that Mr Gormley has only invited the public to make representations on this contentious subject. Details of any amending legislation are unlikely to be considered by the Dáil for another year.
The attention-grabbing sound bite used by the Minister at his press conference – that gardaí may be empowered to break into homes in order to turn off malfunctioning burglar alarm systems – certainly captures the frustration felt by wide-awake neighbours, but it raises so many legal and constitutional difficulties that it is unlikely to happen. As things stand, Mr Gormley will have considerable difficulty in establishing a system of on-the-spot noise pollution fines, to be administered by members of the Garda Síochána.
Two years ago, Fianna Fáil resisted the introduction of a Noise Bill, put forward by the Green Party. After the general election and inter-party negotiations, however, a commitment to publish comprehensive legislation on noise pollution was contained in the Programme for Government. This document is designed to establish an integrated approach in dealing with different kinds of noise nuisance: from the playing of persistently loud music late at night, to defective burglar alarms, discos, barking dogs and aircraft noise. More power for local authorities and a website for the public is also envisaged.
Noise pollution by neighbours constitutes the vast majority of all the complaints made to local authorities, landlords, the Garda and the District Court. Normally the complaints are lodged only after personal approaches have failed. But because the system of redress can be so difficult and time-consuming, the various authorities are reluctant to become involved. Fragmentation of responsibility within the system is a complicating factor.
In such circumstances the introduction of a scheme of on-the-spot fines makes perfect sense. It provides an immediate response that deals quickly and fairly with the detected nuisance and it would eliminate some of the more esoteric requirements of existing legislation. Granting members of the Garda these new powers would also simplify matters, as given cutbacks such funding is unlikely to be given to local authorities.