Proposed tough new powers allowing gardaí to break into houses and cars to turn off noisy alarms could run into legal difficulties, the Government admitted today.
While branding the move "draconian", Minister for the Environment John Gormley said the option was being seriously considered as a way to tackle noise pollution and may be rolled out if the Attorney General approves it.
Householders would be invoiced for the costs incurred by gardaí called to disable the alarms.
The last resort measure forms part of a series of proposals on which the public will be able to give their views until the end of October.
Mr Gormley said: “You have to appreciate that there may be constitutional difficulties with that.
“Private property is highly regarded in this country and to enter a private premises to do that is something we have to look at very carefully.
“We’ve put it in as part of the process, if there are too many difficulties, constitutional difficulties, it may not be part of the legislation. There are many other steps that we can take and that is a fairly draconian one.”
Mr Gormley said if the Attorney General said the move is legal under the Constitution, the Government will pursue it.
"It’s one of those last resort issues,” he said.
“If there’s an alarm going off and it’s been going off all weekend, people will say please turn that off.
“The point is, what are the legal implications, can it be done easily, are there severe constitutional difficulties?
“If it means a constitutional change, it would be difficult to pursue. If it doesn’t, then we can pursue it.”
Gardaí will also be given the same powers as local authority officers under the new proposals and will be able to impose on-the-spot fines for rowdy tenants and householders.
Currently gardaí cannot issue fines or take action against noisy residents.
“This would have an immediate effect,” Mr Gormley said.
“In far too many cases when you have disturbance, what people do is they contact the gardai. If gardai are not authorised officers there is little can be done.
“If the gardaí are put in a position where they are authorised officers they can take immediate action and issue a fine.”
A strict code of practice for the construction, industrial and commercial sectors will be rolled out, while a website providing information to the public will also be introduced.
Householders and businesses with burglar alarms will also have to upgrade their devices to monitored alarms or systems that incorporate a 15-minute cut-off period within two years or face prosecution.
The public consultation ends in late October and Mr Gormley said he hopes to have legislation ready by next March.
PA