Afghanistan

Baroness Smith of Newnham Excerpts

Wednesday 16th July 2025 Lords Chamber

[Baroness Goldie (Con)]

My Lords, I am very grateful to the Minister for taking the time to speak with me extensively before the Statement. I thank him and his colleague, the Secretary of State for Defence in the other place, for the tone they have adopted. I join the Secretary of State and my honourable friend the shadow Secretary of State James Cartlidge in their apology, on behalf of the British Government, to all those impacted by the data leak. It was a wholly unacceptable breach of data protection protocols and should never have happened.

This is a story of human error, an error of magnitude with profoundly grave and potentially tragic consequences, that was perpetrated by an MoD official and came to light only some 18 months or so after it occurred. Although as a Defence Minister I had no involvement in the issue, at that point in August 2023 the priority was to take all necessary steps as a matter of urgency to mitigate risk to life, hence the court’s involvement that culminated in the grant of a super-injunction. It was the political judgment of the last Government to seek the court’s intervention, and the decision of the court to grant a super-injunction clearly reflected how gravely the court regarded the risk to life. A court injunction is neither a cover-up nor political suppression of information; it is a court order.

No one should be under any misunderstanding about the potential consequence of this leak. If the Government had not sought the injunction, that data could have been disseminated globally through the media. This could have put the lives of countless Afghans at risk—people who helped Britain in our fight against al-Qaeda and the Taliban, who saved the lives of British troops and who are incredibly brave, selfless and committed individuals who put everything at risk, including their families, to help us. If the Government had not sought to prevent the information being disseminated, those Afghans, who gave so much, could have been captured, tortured and murdered. The previous Government would have abnegated their responsibilities if we had left these Afghans to suffer the consequences of this data breach. That is why it was right to seek the injunction and resettle those affected in the UK.

I might observe that, regardless of what Government were in power at the time, these measures were the correct ones to take in the circumstances existing at the time. Indeed, on taking office, the current Government did not seek to have the super-injunction lifted.

Although this was human error and not a political mistake, the political responsibility is to keep the situation under review. It was right that this Government should seek expert advice on whether it was now appropriate to seek to lift the super-injunction and, if so advised, to make the necessary application to the court. In that, the Government have the full support of these Benches.

I understand that the Minister will be limited in what he can say, but I have a few questions for him. Is he in a position to give the House any more details on how the leak happened? I would have thought that there would have been digital safeguards within the MoD that prevented an email with a sensitive attachment being sent to a random person outside the department. What processes were in place to prevent this happening, and why were they not effective? Secondly, can the Minister tell us what the repercussions were for the official who inadvertently sent the data outside formal channels? Finally, what systems have the Government now put in place to learn from this regrettable episode and ensure that everything has been done to prevent a recurrence? As ever, I look forward to the Minister’s response, and I once again thank him for the manner in which he has approached this matter to date.

[Baroness Smith of Newnham (LD)]

My Lords, I am grateful to the Minister and to the Minister for the Armed Forces for a briefing yesterday. It meant that, temporarily, I was under a super-injunction. I was a little surprised when I was summoned to the MoD. On Monday afternoon I received a message asking me to come in for a confidential briefing. I had no idea what to expect, or of the magnitude of what we would hear in the Statement made by the Secretary of State yesterday.

It is a matter of extreme seriousness for a variety of reasons—the risk into which an official and the MoD placed Afghans who were already vulnerable, but also the fact that Parliament was entirely unable to scrutinise His Majesty’s Government on this issue for almost two years. The media reported immediately after the super-injunction was raised yesterday at midday; they had spent the last 22 months gathering evidence that, of course, they could not publish. There is a whole set of questions that are probably beyond the remit of the Minister who is responding today on behalf of the MoD, including what scrutiny Parliament is able to do and what the Government feel is appropriate regarding the media. Were the media being suppressed?

Lest anyone think that I am being cavalier about the lives of Afghans, it was absolutely clear that the United Kingdom had a duty to those Afghans who worked alongside His Majesty’s Armed Forces, including the interpreters and those who worked for the British Council. In light of that, the ARAP and ACRS schemes, which we all knew about, were the right approach. Yet we already knew, from open source material and cases that were brought to this House and the other place, that breaches of data had caused fines to be paid.

At the time of the evacuation of Afghanistan in August 2021, it was clear that many people were left behind, and that the helplines were not necessarily fit for purpose. The hotline for parliamentarians and their staff did not necessarily act as a hotline at all. I certainly left messages about cases and received no follow-up or reply. I was not alone in that and, although I believe that I was not part of this data breach, some parliamentarians were.

We began to acknowledge our debt to some of the Afghans, but not all. Then a data breach, about which we knew nothing, happened over three years ago. That in itself is shocking. Has anybody in His Majesty’s Government taken responsibility for that? We understand from the Statement that it was reported to the Metropolitan Police, which believed that there was no criminal activity. Has anybody taken responsibility for this catastrophic data breach that potentially put many tens of thousands of lives in Afghanistan at risk and caused considerable concern to Afghans who were already in the UK, having come over as part of the ARAP scheme?

The former Secretary of State, Sir Ben Wallace, has said that the super-injunction was not a cover-up, as has the noble Baroness, Lady Goldie. Yet Mr Justice Chamberlain, who finally lifted the super-injunction yesterday, said in November 2023 that a super-injunction

“is likely to give rise to understandable suspicion that the court’s processes are being used for the purposes of censorship … This is corrosive of the public’s trust in Government”.

Does the Minister agree? Can he confirm that this Government would not seek to use a super-injunction or, in the event that it was felt that a super-injunction was an appropriate course of action, that it would not last for more than 600 days but could be for a very limited amount of time while a particular, specific policy needed to be undertaken? The substantive policy change that was brought in—the Afghanistan response route—seems to have been very sensible. Had it been brought to your Lordships’ House and the other place, parliamentarians may well have thought that it was the right policy and been happy to endorse it—but we were never asked, because of the super-injunction. We knew nothing about it.

Could the Minister tell us whether, in future, the Intelligence and Security Committee might be briefed in camera? What role would Parliament and the media be allowed to play? If the courts, Parliament and the media are not deployed appropriately, that raises questions about our own democracy that need to be considered.

[The Minister of State, Ministry of Defence (Lord Coaker) (Lab)]

My Lords, I thank the noble Baronesses, Lady Goldie and Lady Smith, for their comments and their words about the way in which the Government tried to inform His Majesty’s Opposition and the defence spokesperson for the Liberal Democrats. We tried to ensure that as many Members of your Lordships’ House, as well as other people in the other place, were informed as appropriate. I apologise if that did not happen with everybody who may have expected to have been informed, but we tried to ensure that everybody was consulted and spoken to.

I join the noble Baronesses, Lady Goldie and Lady Smith, in the apologies that His Majesty’s Government, through me, again make today for what happened, which was totally unacceptable.

Before I answer the specific questions, I shall make a couple of opening remarks. The whole House will agree that the UK owes a huge debt of gratitude to all those Afghans who fought alongside us and supported our efforts in Afghanistan. Although I appreciate that there is significant parliamentary and media concern around these issues, and rightly so, let us not also forget that we are talking about human lives.

As noble Lords will know, a major data loss occurred in February 2022, involving the dissemination of a spreadsheet containing names of applicants to the ARAP scheme. The previous Government responded by setting up a new assessment route—the Afghanistan response route—to protect the most at-risk individuals whose data was disseminated. The data, and the lives that sit behind them, were protected by an unprecedented super-injunction, which was granted by the High Court, based on the threat posed to those individuals. That is a point that the noble Baroness, Lady Goldie, made: it is the court that grants an injunction, and when the Government asked for an injunction they were granted a super-injunction.

It is our view that the previous Government acted in good faith to protect lives. However, when this Government took office, Ministers felt deeply uncomfortable —to go to some of the points that the noble Baroness, Lady Smith, made—with the limits that the super-injunction placed on freedom of the press and parliamentary scrutiny. As a result, we therefore commissioned a reassessment of the situation, led by a former Deputy Chief of Defence Intelligence, Paul Rimmer. Mr Rimmer, following a comprehensive review, found that it is

“unlikely that merely being on the dataset would be grounds for targeting”

by the Taliban. He also found that there was no evidence pointing to Taliban possession of the dataset. We have therefore decided, as have the courts, that the risks have reduced, and that the existence of the scheme and its associated costs should be brought into the public and parliamentary realms for the appropriate scrutiny. Therefore, we expect and invite parliamentary scrutiny for these decisions.

I will deal with a couple of the points that have been made. The noble Baroness, Lady Goldie, asked me how this happened. I do not normally do this, as noble Lords know, but I will read out from my brief so that I get it factually right. In February 2022, under the previous Government, a spreadsheet with names of individual applicants for ARAP—the resettlement scheme for Afghan citizens who worked for or with the UK Armed Forces in Afghanistan—was emailed outside of official government systems. This was mistakenly thought to contain the names of a small number of applicants, but in fact the email contained personal information linked to 18,700 applicants of ARAP and its predecessor, the ex-gratia scheme, or EGS. The data related to applications made on or before 7 January 2022. A small section of this spreadsheet appeared online on 14 August 2023, which is when the then Government first became aware that the MoD’s ARAP casework and spreadsheet had been mistakenly included with the original email. The previous Government investigated that and a report was sent to the Information Commissioner’s Office. I repeat that the Government reported this to the Metropolitan Police, which found that there was no malicious or malign intent by the individual responsible.

The noble Baroness asked whether we believe that the systems have now been adequately changed. In a statement yesterday, the Information Commissioner’s Office said:

“We’re reassured that the MoD’s investigation has resulted in taking necessary steps and minimised the risk of this happening again”.


I hope that will begin to reassure the noble Baroness with respect to her point about how the leak happened, the measures that have been taken and the way it has been looked at and investigated by the Information Commissioner’s Office, which has now reported in a statement yesterday that it believes the MoD has, as far as it possibly can, taken the necessary action to prevent such a terrible and unfortunate incident happening again.

On the point made by the noble Baroness, Lady Smith, of course it is of great concern that parliamentary and media scrutiny had, essentially, to be stopped. Parliament and the press have not been able to scrutinise the activity and decisions in the way that they should. When we came into office, we were, fairly obviously, uncomfortable with that. We looked at the facts and the situation and, in January this year, as the noble Baroness will know, the Secretary of State asked Mr Rimmer, a former senior officer at Defence Intelligence, to investigate.

Noble Lords will have seen Mr Rimmer’s report. There are a number of important facts in its key conclusions, including that:

“No evidence points clearly to Taleban possession of the dataset”,


and the fact that the policy

“appears an extremely significant intervention, with not inconsiderable risk to HMG and the UK, to address the potentially limited net additional risk the incident likely presents”.

In other words, with where we are now, after the passage of time and the various assessments of the risk in Afghanistan, Mr Rimmer now believes that it is appropriate for the Government to apply to the court to lift the injunction. With the evidence provided in the Government’s presentation, it was lifted at Noon yesterday. The Government have decided that the time is right to make a Statement about what has happened, put as much of that evidence as possible into the public domain, and invite public, media and parliamentary scrutiny of it. That is the right thing to do.

At the end, in government, there is always a balance between making decisions about how to protect lives in a particular situation and recognising that you must have parliamentary and media scrutiny. The previous Government acted in good faith. We have looked at that again and believe that now is the right time for us to come forward, to publicise what happened and to invite comment from everyone. I hope noble Lords will accept that explanation.