Letter to the Chair from Alan Campbell
MP, dated 31 December 2009
Thank you for your letter of 8th December
about the human rights implications of the use of mosquito devices
in tackling anti-social behaviour by young people.
Firstly, I would like to say that the Home Office
does not promote the use of the 'mosquito' device. I would also
like to be clear that we would be absolutely opposed to the use
of any measures which interfered with children enjoying the company
of their friends in public places or jeopardised their safety.
Our position on anti-social behaviour is that it
should be tackled, not tolerated. We encourage local agencies
to consider the full range of innovations and schemes and practices
intended to reduce crime, the fear of crime and anti-social behaviour.
It is for local agencies to decide on the most appropriate interventions
based on their knowledge of what works best locally. With that
in mind, the Home Office has advised practitioners that the use
of any device which claims to disperse groups of young people
without a proven track record of success should be treated with
caution and if used should form part of an overall strategy to
tackle the drivers of that anti-social behaviour.
It is for Crime and Disorder Partnerships to decide
whether these devices should be used to tackle ant-social behaviour
problems. These partnerships also have a responsibility to communicate
with people in local communities, including young people, to take
account of their views and involve them when implementing these
solution.
The Health and Safety Executive has considered the
literature available on the mosquito device in order to determine
whether there is any risk to health, either to hearing or other
effects, which might be relevant under Section 3 of the Health
and Safety at Work Act 1974. The Health and Safety Executive concluded
that the literature available on very high frequency/ultrasound
units of this type did not identify any significant and relevant
health effects that may harm children/youths exposed to vhf/ultrasound
in the long term.
The Health and Safety Executive also considered that
in terms of noise exposure in the context of the Control of Noise
as Work Regulations 2005, and therefore possible implications
for persons working in proximity to these units, at the stated
output level (for the mosquito unit) of an A-weighted sound pressure
level of 76 Db, for the likely duration of the exposure, there
was not likely to be any risk of an exposed person suffering hearing
damage.
They concluded that based on the information and
evidence available and whilst there is the possibility of some
short-term subjective effects if the duration of exposure is prolonged,
there would appear to be little likelihood of persons exposed
to vhf/ultrasound from this device suffering long term ill health.
There are no regulations that govern the use of ultra-sonic
devices and currently, we have no plans to ban the use of the
'mosquito' device. However, prolonged exposure to the noise emitted
by a device may be a statutory nuisance. If an environment health
officer took the view that it affected the occupants of a property,
action could be taken against the owner of the noise emitter.
Powers under Section 62 of the Control of Pollution Act 1974 which
controls the use of loudspeakers for any purpose between the hours
of 9pm and 8am could also be used.
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