Gary Dunne

Andrew Smith Excerpts

Wednesday 11th December 2013 Westminster Hall

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I am delighted to have the opportunity to raise a constituency issue in Westminster Hall. Gary Dunne was tragically murdered on 3 March 2006 in Benalmadena on the Costa del Sol in southern Spain. He was attacked by 12 men and stabbed to death with a machete by Victor Posse Navas. For his family, nothing will bring Gary back. Every day, they remember him as a son, a partner and a father. Although nothing can be done to soften the horror of the tragedy for the family, much more could have been done, and still can be done, to make life that bit easier for them.

Our British consular staff deal with thousands of deaths of British nationals around the world, often in difficult, traumatic and complicated situations. They deserve praise for their work. More often than not, the support from consular staff is of the highest standard. In this case, however, the Dunne family were left vulnerable; they felt alone and received little help. In the midst of dealing with the news of the cruel murder of their son, they were told that they would have to pay to bury him, not in Liverpool, but in Andalucia in southern Spain, due to local legal restrictions about hygiene. The Spanish authorities said that before Gary could be brought home to Liverpool, he would have to be cremated in Spain. The family received no assistance from the Spanish police and were not met by liaison officers.

Mr and Mrs Dunne had to endure three years of campaigning simply to ensure that their son’s body could be repatriated and buried at home. In 2009, Gary’s parents were finally able to bury him. The intervention of the then Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), helped enormously. He made personal representations to the then Spanish Prime Minister, Jose Luis Zapatero, which resulted in progress being made.

[Mr Andrew Smith (Oxford East) (Lab)]

I congratulate my hon. Friend on securing the debate and on his incredibly important campaign. I also congratulate the Dunne family on all the work they have done. What happened to them could happen to any of our constituents. Does he agree that the ordinary citizen would expect the EU to ensure that everyone has decent treatment in such appalling circumstances?

[Stephen Twigg]

I am grateful to my right hon. Friend for his intervention; I agree with him entirely. Further on in my remarks, I will talk about the work that the excellent MEP for the North West, Arlene McCarthy, has done to support the Dunne family and to raise the broader issues.

The Prime Minister played his part. The community and people of Liverpool were a constant support to the Dunne family. A petition lobbying for Gary’s body to be returned home was signed by more than 40,000 people. When his body was finally returned for a funeral in Liverpool, hundreds of well-wishers turned out in the streets to applaud. It is not often that civilian funerals are held at Liverpool cathedral, but the dean agreed to host the service there. Everton football club provided Goodison Park as a venue for the wake. No family should have to face the trauma and struggle that the Dunne family have had to endure—waiting for years before they could finally have a funeral and bury their son. There are lessons that we must learn.

My constituents, Gary’s parents—Stephen and Lesley—have worked tirelessly to ensure that no other family has to suffer such an ordeal. In 2010, I raised their case at Prime Minister’s Question Time with the current Prime Minister. He agreed to meet Mr and Mrs Dunne, who emphasised the need for changes at a European level, as my right hon. Friend the Member for Oxford East (Mr Smith) rightly said, to prevent apparently obscure local rules stifling a family’s ability simply to bring their loved one back for a funeral.

I remain grateful to the Prime Minister for meeting Mr and Mrs Dunne and for his support in that meeting. What progress have the Government made since then? Do the Government see any way in which we could ensure that the system of repatriation does not cause even more suffering and agony to grieving family members?

The Spanish authorities had insisted that due to rules related to their hygiene laws, Gary’s body could not be repatriated for at least five years. However, since then, the Dunne family have discovered that other families who suffered tragedies in Andalucia were told that they did not have to wait such a long time. Will the Government look into why there seems to be an inconsistency in the application of the rules? If the rules indeed state that a body can be repatriated only after five years unless it is cremated, will the Minister make the case, through the appropriate channels, both directly with the Spanish and through the European Union, for reform of what seem to be unreasonable and unfair rules?

After all that, the tragic saga still goes on for Gary’s family. The Dunne family were not informed by the Spanish authorities when the murderer was caught; they had to find that out through a friend phoning them. Owing to their frustrations with the Spanish legal system, the Dunne family tell me that they still do not know whether the killer is still in jail, and if so, when he will be released. Will the Minister make representations on behalf of the family to ensure that their case is brought to the attention of the relevant Minister in Spain? It is critical that the Government of Spain undertake the responsibility to keep the Dunne family informed of developments as and when they occur.

While the process up to this point has been handled atrociously by the local and national authorities in Spain, there is still a lot more that they can do. Gary’s partner, Ashley, and his young son, Kieran, have struggled to receive any compensation. The Spanish court has ordered the perpetrator to pay €125,000 in compensation, yet so far, only €1,500 has been received. Payments stopped some time ago, and the small amount that was paid was of little comfort, as it had to be used simply to pay court costs.

Stephen and Lesley have spent time themselves in Andalucia, at their own expense, fighting for justice for Gary. Due to a legal error during the formalities of applying for the money from the Spanish Government, the Dunne family were only receiving €100 a month from Gary’s killer, which came from the wage that he gets from his work in the prison kitchens. Now even that has stopped. Neither the killer nor his family has significant assets, and they are apparently unable to pay the compensation.

With the support of Arlene McCarthy MEP, the Dunne family have been lobbying the relevant Spanish authorities. In December 2011—two years ago—Arlene McCarthy wrote to the Spanish Minister who leads on this area of policy, but she has not even received the courtesy of a reply. Will the Minister look into that issue as a matter of urgency and make representations on behalf of the Dunnes?

I got to know Mr and Mrs Dunne well, as their constituency Member of Parliament. I have known them now for six years. Their focus has always been on the fight for justice for Gary and his surviving partner and child, but also, more broadly, on trying to ensure that no other family has had to endure what they have endured. However, the court in Spain had ordered compensation of €125,000. Although the issue of compensation has never been the one that the family has asked me to prioritise, I feel that I owe it to them, as their MP and a friend, to say that it seems to me a basic minimum that the compensation should be paid out to the family as a matter of urgency.

Finally, will the Minister assure me that more is being done to ensure that standards are maintained and improved in our consulates around the world? The Foreign Secretary has said that the Foreign Office is always seeking to improve the consular support and assistance in such tragic circumstances. Will the Minister set out what measures are being or will be taken to fulfil that? It seems critical that the staff who are involved in what is by its nature delicate and sensitive work are equipped fully to do their job professionally and compassionately.

I am aware that the Foreign Office has signed an agreement with the national homicide service run by Victim Support to provide the same level of support to families who lose a loved one as a result of a murder or manslaughter overseas as they would receive if the crime had taken place in the UK. That is a welcome commitment on the part of the Government and Victim Support. Will the Minister tell us how that new service will work and whether the Government have reached their goal of offering the level of service that one would expect in the UK for families who find themselves in such tragic circumstances abroad?

Gary’s family have suffered terribly for almost eight years now. They have lost a son, a partner and a father; they have battled for three years just to have a proper funeral for Gary; and they are now trying to receive the compensation that a court has ordered should be paid to them. It is a great tribute to them that they continue to campaign for justice for others, as well as wanting justice for themselves. I believe that they have been let down, and they deserve more from the relevant authorities. I urge the Government to do everything in their power, both bilaterally with Spain and through the European Union, to help us take the matter forward.