Minister seeks more empathy from judges

Judges and barristers were perceived as lacking sympathy, understanding and empathy with the issues surrounding "neighbours from…

Judges and barristers were perceived as lacking sympathy, understanding and empathy with the issues surrounding "neighbours from hell" cases, according to the Minister of State for Housing.

Mr Noel Ahern said yesterday he would be happy if more judges had an understanding of the problems of anti-social behaviour and sought more knowledge of the areas and the problems by whatever means.

He had announced the extension of power to local authorities to seek exclusion orders against offending tenant purchasers. The problem may not affect a lot of people but a small element were causing havoc. For the affected neighbours, it was soul-destroying and seriously affected their quality of life, he said.

Some people, however, found it difficult to understand why these offenders were dealt with so leniently by the courts.

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"Ordinary decent people have the perception that if the barristers and judges lived in the areas, they would have more sympathy and empathy. It has been said to me with passion and vigour by constituents, residents and local authority officials so there must be truth in it," he said.

Officials had expressed their frustration whether they were seeking an eviction order or exclusion order. They did not go to court lightly. There was a lot of preparation.

Mr Ahern, who was on RTÉ radio, said judges had to run their courts in accordance with the law but often smart barristers put up a very good defence. However, he said he did not excuse barristers and solicitors who defended these "blackguards" who were causing the problems. "Certainly there is an underlying perception held that the legal profession does not have the sympathy, understanding and empathy with this particular issue," he said.

Mr Ahern said that in one case recently, not an anti-social case, the judge recommended the court adjourn for a few hours so that he could go on site and look at the problem. "If more judges brought more knowledge to the process by whatever means, they could understand the issues.

"Whether they come from the areas or acquaint themselves with the area, I would be happy if they had an understanding of the problem," Mr Ahern said.