Pat Gallagher (Donegal South West, Fianna Fail)

I thank Deputy McManus for raising this important issue and apologise for the absence of the Minister for Justice, Equality and Law Reform. I express my deepest sympathy to the family and friends of the late Georgina Eager on her tragic and untimely death. The facts that I have to outline, in answer to the assertions made by Deputy McManus, concerning the assistance provided by a number of State agencies are not meant to detract in any way from the loss suffered by them. Nothing could compensate for that.

Deputy McManus will be aware that the Minister for Justice, Equality and Law Reform does not have a role in providing assistance to the family of a victim of a crime in attending a trial abroad. There are, however, other supports available which were availed of by the family of Georgina Eager during the trial of Christopher Newman.

Christopher Newman was arrested in London having fled Ireland following the murder of Georgina Eager. The Minister for Justice, Equality and Law Reform had no function or role in the decision to charge him here with her murder. The role of the Minister and his Department, in so far as they had any role, was confined to the provision of mutual legal assistance to the UK authorities. In this case a request for assistance was made by the British authorities. This request, which was complied with, consisted of interviews with certain witnesses, including the victim's father, as well as the provision of other evidence. Without the provision of this assistance it is doubtful that Christopher Newman would have been found guilty of the murder of Georgina Eager.

Significant assistance was provided to the family by the Garda before and during the trial. From an early stage a Garda liaison officer was appointed and he was in regular contact with members of the family. The liaison garda also met the family each day during the trial. This was in addition to the assistance provided by the Garda with the arrangements for the attendance of witnesses at the trial, including family members who gave evidence.

The Irish Embassy in London provided all possible consular assistance to the Eager family members during the time they spent in London attending the trial. The Irish Ambassador, who met them during their stay in London, assigned a diplomatic officer to members of the Eager family on the opening day of the trial on 8 August 2005, who assured them that she would be available to provide consular assistance throughout their stay in London. She ensured that they had her direct contact details and suggested that they could contact her at any time.

This officer attended the trial for the opening and closing weeks and approximately twice a week in the intervening period. She provided information and advice to family members on a number of issues of concern to them, including compensation available towards the financial costs of attending the trial in London. This was provided on advice from the Minister's Department. She also liaised with the UK witness service victims support unit on their behalf to ensure that transport to and from the family's hotel would be provided throughout the trial. She arranged for the typing of printed statements for the family, including the victim impact statement which was presented to the judge before sentencing.

Furthermore, the Minister for Justice, Equality and Law Reform indicated that the financial burden suffered by the Eager family in attending the trial could be alleviated through the criminal injuries compensation scheme. This scheme, to which the family can apply, is administered by an independent tribunal. Its purpose is to compensate victims for expenses and losses borne as a result of personal injuries inflicted in a crime. The tribunal is entirely responsible for deciding whether compensation is payable in any particular case but if an applicant is unhappy with the initial decision of a single tribunal member, the case can then be appealed to a three-member oral hearing.

Under the scheme, the family of a person who has died as a result of a criminal injury is entitled to apply for actual loss of earnings or expenses that have arisen due to the person's death as well as for funeral expenses. Although the scheme does not cover compensation for pain and suffering, a payment can be made in respect of mental distress for the immediate family members, as defined in the Civil Liability Acts. The total amount available under this heading is just over €25,000.

I understand that, with Deputy McManus's assistance, the Eager family has applied to the tribunal for compensation. As is normal practice, the secretariat is endeavouring to assemble sufficient information so as to enable the tribunal make a properly informed determination on the case. For that reason, the secretariat is following up a number of queries with the family, again via Deputy McManus. Of necessity a certain amount of detail will be required to support the claim but the documentation sought is not particularly onerous or unusual. Expenditure incurred can generally be vouched using receipts or credit card accounts, for example, while loss of earnings are normally certified by an employer. Details of expenses met from any other sources, such as the UK authorities in this instance, will also be followed up by the secretariat.

The tribunal secretariat will offer any assistance to the family or the Deputy in clarifying the requirements so as to enable the claim to be advanced as soon as possible. As soon as the necessary detail is assembled, the case will be referred to a tribunal member for a decision. Depending on the complexity of the case and the other claims on hand, the processing time may take a number of months but I am sure that the tribunal will deal with the claim as quickly as possible in the circumstances.

I hope that what I have said will serve to put the record straight on the support provided to the family by the various State agencies.

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