Gary Dunne

Lord Swire Excerpts

Wednesday 11th December 2013 Westminster Hall

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I am grateful to the hon. Member for Liverpool, West Derby (Stephen Twigg) for securing a debate on this case. I also thank the right hon. Member for Oxford East (Mr Smith) for his intervention.

May I add my own condolences to the family and pay tribute to their unwavering determination in the face of their loss? The death of a loved one is always distressing, and the grief of Mr Dunne’s family has clearly been compounded by the circumstances of his death and the procedural difficulties they faced thereafter.

The Foreign and Commonwealth Office is committed to making the process for those bereaved abroad as simple as possible. Providing consular assistance to British nationals who are the victims of serious and violent crimes overseas and their next of kin is a priority and a central function of our embassies and posts around the world.

Before I address the points raised by the hon. Gentleman, I would like to outline the involvement of the Foreign Office in the case to date. Following Mr Dunne’s death, British officials were in close contact with the family to provide consular assistance. When, as the hon. Gentleman said, the family experienced difficulties in bringing Mr Dunne home to Britain, consular staff did all they could to help. However, it became clear that under local law, the possibility of a further autopsy during the trial process prevented an individual’s remains from being repatriated, cremated or embalmed. The only option therefore was a local burial until the trial was complete. After that, exhumation before a period of five years had passed would only be permitted if an immediate cremation within the cemetery was arranged.

Representations were made to the director general for the Costa del Sol health district in November 2007 and to the provincial delegate of Andalucia’s health district in February 2008, to see if an exception could be made to these requirements, based on the compelling compassionate circumstances of the case. While sympathising with the family’s wishes, both the director general and the provincial delegate explained that, because Mr Dunne was a victim of murder, his case was considered a judicial one.

Understandably, Mr Dunne’s family continued to fight for his return and in July 2008 they petitioned the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown). In October 2008, the right hon. Gentleman raised the case with the then Prime Minister of Spain, Jose Luis Zapatero, and secured an agreement from the Spanish authorities to allow Mr Dunne’s repatriation without a cremation, on exceptional humanitarian grounds. So, with guidance and support from consular officials, Mr Dunne’s family made an application for his exhumation. As we have heard, three years after Gary Dunne’s murder his family and friends finally held the funeral, at home in Liverpool, which they had long sought. Later that year, Mr Dunne’s family contacted the Prime Minister and the Foreign and Commonwealth Office to express their gratitude for the assistance they had received.

I now turn to the points the hon. Gentleman raised in his speech. First, I will address the question of whether EU-wide procedures for repatriation could be agreed, to prevent other families from facing the horrifying and distressing situation the Dunnes faced. As the hon. Gentleman will be aware, this is a difficult and complex issue. The power to act lies with other Governments, and the ability of the Foreign and Commonwealth Office to intervene in domestic matters—such as the variations in Andalucian law on repatriation, burial and cremation, which the hon. Gentleman outlined—is limited. However, it is clear that, as my right hon. Friend the Prime Minister said when he met the Dunne family and—I think—the hon. Gentleman in 2011, we should do all we can to prevent other families from facing the suffering endured by the Dunnes.

Therefore, I have asked that, as a matter of urgency, officials follow up with the hon. Gentleman and the Dunnes’ MEP, Arlene McCarthy, on who has done what following the Downing street meeting, so that we can collectively agree appropriate next steps. Secondly, I know that the hon. Gentleman and the Dunne family are deeply concerned about the apparent inconsistencies in the application of the rules governing repatriation. The advice we have received from the Andalucian authorities consistently made it clear that an unembalmed body can only be exhumed and repatriated after five years, unless it is cremated. The hon. Gentleman will appreciate that there may be factors at play in the other cases that he mentioned that we are not aware of. Exceptions can clearly be made if the grounds are sufficiently strong, as indeed they were in the Dunnes’ case. However, as I have said, I have asked officials to provide a progress report on efforts to establish common practices across those parts of Europe that currently require delays in repatriation.

The hon. Gentleman also highlighted the lack of support that Mr Dunne’s family felt they received from the Spanish authorities, and indeed the authorities’ level of support continues to fall short of the family’s expectations when it comes to their being kept informed of the current status of the perpetrator of this terrible crime. It is important that the Spanish authorities keep the family informed of any developments in the case, either directly or through their legal representatives. I have asked my officials to contact the relevant authorities in Andalucia to see if lines of communication can be re-established. For his part, I urge the hon. Gentleman to consider raising the matter directly with the Spanish ambassador.

On the issue of compensation, I am aware that, as the hon. Gentleman said, although an award of €125,000 was made by a Spanish court to the family, they have only received €1,500 to date. I am conscious that that can only add to the distress they have already suffered. However, the British Government cannot interfere in another country’s judicial process or direct the Spanish courts to enforce payment, particularly when the offender may not have assets with which to pay the outstanding compensation, which I understand to be the case in this instance. Therefore, I am afraid that our consistent advice to Mr Dunne’s family has not changed. Their Spanish lawyer is best placed to help them pursue this issue through legal channels and to advise them on applying to the Spanish state for payment of the outstanding compensation.

Also, my right hon. Friend the Minister for Europe, with whom the hon. Gentleman has been in communication about this tragic case, has previously provided him with information on the Criminal Injuries Compensation Authority, which Mr Dunne’s family may wish to approach for advice—if they have not already done so—about whether they can submit a separate application for compensation from the Spanish authorities.

Our consular staff often have a difficult and frustrating time, but on the whole they carry out their job—as the hon. Gentleman was kind enough, and right, to say—with patience, dedication and a great deal of tenacity. I am sure the hon. Gentleman and the right hon. Gentleman will join me in commending their efforts.

Having said that, I assure the House that the Foreign and Commonwealth Office is not complacent. We continually review our consular policy so as to provide British nationals with the best possible service. As part of that work, we have put in place a number of processes to ensure that high standards of consular assistance are provided to British nationals. Our new consular strategy for 2013-16 focuses on doing more for the most vulnerable, including victims of violent crime overseas and their families. Consular teams also undertake regular complex case reviews to ensure that we are providing the most appropriate and effective service in particularly complex and long-running cases, and we employ professional specialists, such as legal advisers and social work advisers, to provide expert advice. In addition, early next year we will undertake a review of the methods used by similar organisations to see how we can develop our own quality control and audit processes.

Cases such as that of the Dunne family highlight the extra support that is needed by those who have lost a loved one to murder or manslaughter overseas. The hon. Gentleman mentioned Victim Support’s National Homicide Service, which in part was set up to address the problems encountered by families such as the Dunnes. Since 2010, the Foreign Office has provided funding to Victim Support so that it can offer such families a dedicated caseworker and give practical support to help with the added trauma, complications and costs that a murder overseas can cause. Those bereaved by murder or manslaughter are now entitled to identical levels of support whether the crime was committed in the UK or abroad, and since 2011 many bereaved families have already benefited from this enhanced support.

In conclusion, I again thank the hon. Gentleman for securing this debate. I am aware of the very great support for the Dunne family that has been demonstrated by the people of Liverpool. This is a tragic case that has been compounded by the anguish that Mr Dunne’s family had to endure in order to bring him home to Britain. I hope they have been able to find some degree of comfort and closure in his return. I also hope that, through their legal representative, they are able to seek the full amount of compensation that is due to them.

[Mr Mike Weir (in the Chair)]

Order. The Minister who is responding to the final debate today, which is due to start at 4.45 pm, is not present, so I shall suspend the sitting until 4.45 pm.