The government is proposing that gardai be given the right to enter unoccupied houses and cars to turn off noisy alarms. It is also planning on-the-spot fines for rowdy homeowners, as part of a crackdown against nuisance noise.

The proposals are contained in a consultation document to be published next month. According to the Department of the Environment, gardai need new powers to deal specifically with noise caused by antisocial behaviour.

These would allow officers to issue instant fines for first-time noise offenders, and to seek court orders compelling house owners to stop causing noise.

The department’s other target is faulty burglar alarms that are not remotely monitored and which do not cut out after being activated.

The government is considering imposing a two-year deadline during which time people would be given the opportunity to upgrade to monitored alarms or systems that incorporate a 15-minute cut-off period. Those who did not do so would then risk being prosecuted for noise pollution.

The department will consult the attorney-general about the constitutionality of giving gardai the power to enter cars — and both commercial and private premises — to disable alarms. Under the department’s plans, householders and business owners would be invoiced for the costs incurred by gardai called out to disable the alarms.

A similar scheme in London allows environmental health officers to enter private properties and deactivate alarms. Householders are charged about £400 (€500), including the cost of fixing new locks to their premises.

“It’s ultimately about providing quality of life for people,” said John Gormley, the environment minister. “Nuisance noise is one of the biggest environmental issues affecting people’s lives. There are weaknesses in our system, which puts the onus on individuals to pursue action against noise offenders and I want the state to take on that responsibility.”

Noel Merrigan, chairman of Acra, the national body for residents’ associations, gave the proposals for new garda powers a cautious welcome.

“People have a right to tranquillity in their homes,” he said. “Alarms are ruining some people’s lives as they are a source of tension and aggravation, but we don’t believe gardai should be given a blank cheque to go in to people’s homes. We would also be concerned that this will play into the hands of burglars, who will know where they can operate without interference.”

Sean Murphy, director of policy in Chambers Ireland, the national association of chambers of commerce, said he was concerned noise legislation would burden businesses with “unnecessary” regulations.

“We are very focused on the need for Irish business to remain competitive, and you’d have to ask if the department is using a cannon to kill a fly. Most businesses are in industrial estates and use systems with cut-off timers.”

Noise pollution is covered by a number of different acts. The department says its new bill will eliminate confusion and strengthen the enforcement powers of the state. Complaints about noise can currently be made to gardai, local authorities, the Environmental Protection Agency (EPA), district courts and the Irish Aviation Authority.

Gormley is inviting submissions from the public on his proposals and hopes to pass a noise bill, which is part of the coalition’s programme for government, into law next year. “This will require enhanced powers for gardai and the local authorities and sufficient deterrents against creating persistent noise,” the minister said.

The department is also considering increasing the maximum fine of €30 for failing to keep a dog under proper control in an effort to deal with problem barking.

It also wants to create new powers for gardai or EPA officers to close commercial premises that do not comply with the new noise restrictions. Pubs with outdoor smoking sections adjacent to residential areas could be forced to close if their customers don’t keep it down.

The current maximum fine for a district court summary conviction for noise pollution is €5,000. The department wants this increased as it is written off as an everyday expense by some businesses.

The department is also considering creating national guidelines for construction work, to address problems such as noisy building work early in the morning.

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