Gary Dunne

Debate between Andrew Smith and Stephen Twigg

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.

Detention of Palestinian Children (West Bank)

Debate between Andrew Smith and Stephen Twigg

Tuesday 7th December 2010 Westminster Hall

[Stephen Twigg]

I see the Minister nodding—we have cross-party agreement on that.

This is my first opportunity to speak about the middle east since I joined the shadow Foreign Office team in October. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Foreign Secretary, visited Israel and the west bank last week, and met a range of Palestinian and Israeli leaders, including President Abbas and Prime Minister Fayyad. I would like to reaffirm the Labour party’s long-standing commitment to the middle east peace process and a solution based on the two states of Israel and Palestine living side by side in peace and security, with Jerusalem as a shared capital, and human rights at the heart of the process. Progress will require action by both sides, although in the context of this debate, particularly by Israel to end the expansion of settlements and the blockade of Gaza, as well as action by the Palestinians and other Arab states to fulfil their obligations under the principles of the Quartet.

I am pleased that my hon. Friend the Member for Ayr, Carrick and Cumnock focused on the plight of Palestinian children and, although I am a friend of Israel, I condemn everything that we have heard about today. That should not be difficult for a friend of Israel to do. If we are serious about the peace process, those of us who have long been friends of Israel must be clear that we are also friends of the Palestinians. I see my hon. Friend the Member for Birmingham, Northfield (Richard Burden) nodding; I know he believes that that can be achieved, provided that we stick with the absolute principles of human rights and democracy.

I deplore the methods that we have heard about in such detail today, primarily because they violate the universal principles of human rights, but also because they exacerbate tensions and undermine the prospects for peace. I pay tribute to the organisations mentioned during the debate and the brave NGOs that take up such causes. In particular, I mention Defence for Children International and the Israeli human rights organisation, B’Tselem, which does fantastic work in that field.

My hon. Friend the Member for Easington (Grahame M. Morris) mentioned night arrests, which are of particular concern especially if, as is alleged, they involve the use of physical violence. That cannot be right morally, but it must also worsen community tensions in what are already difficult and fragile circumstances. As a number of my hon. Friends have said, interrogation methods include the use of blindfolding and sleep deprivation to obtain confessions. Detainees are often presented with a confession written in Hebrew—a language that the vast majority of them do not understand. Several cases have been cited that suggest that people have signed confessions that they did not understand, which is not right or defensible. There is a lack of legal representation for detainees; many reports from international and Israeli human rights groups describe detainees not being permitted proper legal counsel throughout their interrogation. As we have heard, the majority of cases end in a confession.

Data from B’Tselem suggest that the number of detainees have been relatively constant over the recent period. At the end of October, just over a month ago, 251 minors were detained by Israeli security forces in the west bank, including east Jerusalem—my hon. Friend the Member for Ayr, Carrick and Cumnock also cited that figure. That is of great concern, but I am particularly worried about those 34 detainees who are aged between 12 and 15, and the two aged between 16 and 18 who are being held under administrative detention.

Earlier, there was an exchange with the hon. Member for Aberconwy (Guto Bebb), who is no longer in his seat, about the application of human rights conventions in the occupied territories, and the security situation. I have two observations about that. First, even if Israel argues that obligations on human rights do not apply in the case of an occupied territory, international humanitarian law is clear and should be respected. I would urge Israel to apply the conventions on human rights as well. Secondly, as has been mentioned previously, according to the convention on the rights of the child—to which Israel is a welcome signatory—a child is defined as

“every human being under the age of 18 years.”

Nevertheless, we still have the inconsistencies and discriminatory practices to which reference has been made.

[Mr Andrew Smith]

I congratulate my hon. Friend on his inaugural speech on the middle east as a member of the shadow Foreign Office team. What additional measures does he believe the international community should take to pressurise Israel to conform with the conventions that he advocates?

[Stephen Twigg]

I thank my right hon. Friend for that question. It is crucial to have a consistent approach from the Government, the European Union and particularly from the United States Government—the one country to which Israel listens. The issues in question must be raised consistently, just as we would do with other countries around the world.

One specific point that relates tangentially to the debate about settlements is the announcement made by my right hon. Friend the Member for Normanton, Pontefract and Castleford. Following her visit last week, she said that she will press for products that come from the settlements to be labelled as such, so that consumers who want to exercise consumer choice not to purchase settlement-produced goods can do so.

I am conscious of the time and I want to say a few things in conclusion. First, I pay tribute to the excellent work of a wide range of NGOs, some Palestinian, some Israeli and some international. Save the Children does very important work in the west bank. I was reading about an example of that yesterday. The post-trauma rehabilitation of Palestinian ex-detainee children programme reaches hundreds of children. It works with formerly detained children, most of whom undergo individual and group counselling sessions in addition to vocational training and assessment programmes. The post-trauma rehabilitation programme, for instance, offers opportunities for children who are often trapped in a cycle of conflict. That work is critical in addressing post-traumatic stress syndrome which, it is reported, many of the ex-detainee children experience following their ordeal.

I support a point made by one of my hon. Friends in relation to the reports of Israeli soldiers using a child as a human shield and the lenient sentences recently dealt to those soldiers. I say to Israel that we need to see a firmer stance being taken by the Israeli courts in such cases. Evidence documented by B’Tselem has shown that cases of human rights abuses such as those that we have heard about today are not isolated. Israel has a responsibility to end the culture of impunity. I argue strongly not only that that is right legally and morally, but that it is in Israel’s own best interests.

Of course, Palestinian human rights are violated not only by Israel. They are sometimes violated by the Palestinian Authority itself and by Hamas in Gaza. My hon. Friend the Member for Barrow and Furness (John Woodcock) referred to that in his intervention. Human Rights Watch said earlier this year:

“The reports of torture by Palestinian security services keep rolling in. President Abbas and Prime Minister Fayyad are well aware of the situation. They need to reverse this rampant impunity and make sure that those responsible are prosecuted.”

A recent example is the case of 42-year-old Ahmed Salhab from Hebron—not a child; an adult. Ahmed was detained by the Palestinian Authority in the west bank in September. Following his release in October, Human Rights Watch called for an investigation into his treatment when it learned that he had sustained serious spinal injuries and suffered mental distress during his detention.

The excellent Palestinian Independent Commission for Human Rights publishes regular monthly reports that demonstrate human rights abuses by the Palestinian Authority in the west bank and by Hamas in Gaza. It is vital that we are consistent, so we must condemn these abuses across the board. Today’s focus, however, is on the human rights of children in the west bank. There are clearly broader human rights issues for which we must press all parties in the region take responsibility—examples are freedom of religion, freedom of speech and the media, and gender and sexuality issues—and of course there are many other countries where children’s rights are violated.

The debate is timely: it is being held during human rights week, and 10 December is world human rights day. I hope that today’s debate can contribute to increased public awareness and increase pressure on all parties to abide by international conventions and uphold human rights. In conclusion, I shall echo something that my hon. Friend the Member for Birmingham, Northfield said: the UK has a special responsibility in this case. I look forward to the Minister’s response to this important debate. I strongly believe that a clear and consistent approach to human rights should always be at the centre of the UK’s foreign policy. I hope that the Minister will take every opportunity to press both Israel and the Palestinian Authority to uphold human rights in the west bank. I hope in particular, following what we have heard today, that he will raise the concerns that exist on both sides of the House about the treatment of Palestinian children in detention.