Noone is responsible for noise.

I recently visited a nightclub in Dublin City Centre. The level of noise on the dancefloor was something I have not previously experienced. I am a regular clubber, but I cannot remember before an instance where excessive noise prevented me from enjoying myself in a club. It was extremely damaging to hearing I fear, and even now, 2 weeks later, I have not recovered my hearing fully.

I was moved to try and do something about it. I wrote to the Health and Safety Authority asking them to request the management to moderate the sound levels a bit. I received back a courteous phonecall that told me that the HSA is precluded from intervening in the matter unless a member of the staff complained (like that was going to happen). Though disappointed, I can accept that legislation prevents them from involving themselves in a non-employment related issue. They referred me to Dublin City Council.

Dublin City Council were abysmal. I received another courteous phonecall from an official. However, in contrast to HSA, this was a truly lame attempt at sidestepping. The official told me that their legal advice (I know well the usefulness of blaming inexplicable legal advice) was that they would not win a prosecution if they pursued one against a nightclub for sound inside the premises. They do not do anything unless they are likely to secure a prosecution. He tried to pan me off the Health and Safety Authority (indeed, before he said it, I knew it was going to be his next move).

I did not argue with him (what was the point), but it was a really rubbish response and epitomises Local Government in this country.

1. I was not asking for a prosecution, merely some action by the Council to try and see the law enforced. They could have asked the club to comply in a constructive manner. The idea that they are unwilling to do anything unless it results in a conviction is a pathetically narrow interpretation of their mandate. Indeed, failure to engage with offending parties prior to legal proceedings more or less guarantees they will lose all of their prosecutions.

2. If a prosecution is unlikely to succeed, then there is even more reason to pursue it. Claiming the law is unenforcable, without testing it before the courts is a cop out. If they took the case, and were defeated, at least the state of the law would be clear and the Government would be compelled to pass enforcable legislation.

3. Even if there was no hope of a conviction, Local Authorities are obliged under law to act to enforce the laws for which they are responsible. There is a legal obligation for them to act.

But as usual in Ireland, the interests of the rich nightclub owner trumps that of the man on the street. You can do anything you like in this country if you pay rates. Legal advice consistently echoes the needs of those who pay for it, and there is no way to get anything done.

We are powerless, because in every direction you turn, a wall of dutiful, compliant, fatalistic gateholders block the path of progress.