Latest news with #JosieStewart
Telegraph
19-07-2025
- Politics
- Telegraph
Data leak was inevitable after Afghan chaos, says whistleblower
The Afghan data leak was 'bound to happen' after ministers ignored warnings about the UK's chaotic withdrawal from Afghanistan, a Foreign Office whistleblower has said. Three years ago, in July 2022 Josie Stewart, 44, a career diplomat, lost her job after giving an anonymous interview to BBC Newsnight, raising the alarm over the government's handling of the crisis. But speaking to The Telegraph after one of the most damaging leaks in British history, she said the scenario was precisely one she had been trying to prevent. Ms Stewart, who was one of only two civil servants to go public with their concerns in 2021, said: 'To some extent it is an endorsement of the fact that we were right – the government's chaotic handling of the Afghanistan evacuation was risking lives. 'But it also brings the realisation that we did all of this in terms of speaking out – in different ways, we both lost our careers because of it – and it didn't change anything. The chaotic management continued, and the suppressed facts continued – and got worse. So much for accountability.' The other civil servant, Raphael Marshall, resigned after a week working on the Afghan Special Cases team, which was helping eligible Afghans at risk because of their UK ties to get evacuated from Kabul following the Taliban takeover. He claimed desperate emails went unread, junior staff with no regional expertise were assigned to complex cases, and the prime minister prioritised animals over people at the 'direct expense' of humans. Ms Stewart, who had volunteered to work on the UK's Afghan crisis response following the fall of Kabul, said she felt morally compelled to speak out. She knew that, as a senior official with 15 years of experience in the Foreign Office, she could corroborate Mr Marshall's account. Speaking about the Afghan data leak, Ms Stewart said: 'The biggest thing for me is just, 'how was it possible that data like this was still [...] being dumped into random spreadsheets and emailed around without proper controls?'. 'And I do know how, because it was a continuation of what I had witnessed first-hand in August and September. And the fact that, despite all the attention, nobody took seriously the need to fix it by February. And then – surprise, surprise – of course this happened.' In December 2021, she gave an anonymous interview to Newsnight supporting Mr Marshall's testimony. But her identity was exposed when a BBC reporter tweeted a photo of a leaked email addressed to Ms Stewart, which had been shared with the reporter for background only. Her security clearance was revoked and she was dismissed. In a landmark tribunal ruling in February, three judges unanimously found the Foreign Office had unfairly sacked her after she leaked information in the public interest. Speaking about her reaction to the story this week, she said: 'I thought, 'This is what happens in such chaos when you fail to take seriously the responsibility of managing vast amounts of the most sensitive personal data there could be.' It's exactly what we were saying was bound to happen, and it did.' 'The next reaction I had, later that evening, was absolute fury. Raphael [...] had gone to the [Foreign Affairs] select committee in September 2021, which was published in December and hit the news. This data leak happened the following February. 'So even though there'd been so much public and political focus by that point on the chaos, the damage and the risk, nothing was done for at least another two months to put proper systems in place that would have stopped this happening. The hubris of it just blows my mind.' In the evidence she gave to the select committee in March 2022, Ms Stewart said: 'I feel a strong sense of moral injury for having been part of something so badly managed, and so focused on managing reputational risk and political fallout rather than the actual crisis and associated human tragedy.' She told The Telegraph she was 'surprised' that more commentators have not drawn a link between the whistleblowers' warnings and this week's revelations that the Government imposed an unprecedented two-year 'contra mundum' super-injunction to suppress details of the breach. 'I'm surprised that so few people within commentary this week have made this link,' Ms Stewart said. 'It's a tricky one, because the risk element is real, I can see the line that this super-injunction was necessary in order to mitigate damage or risk. But it's also very convenient.' 'This is just my own personal view, I wouldn't be confident calling it either way, but in terms of what motivations were from the government's perspective, there are strong parallels. It could have been very convenient for them to have this in place.' Ms Stewart said that she has heard from Afghans who made it to the UK that others they know, who are 'for sure' eligible under the Afghan Relocations and Assistance Policy (Arap) scheme, remain stuck abroad. 'I know Afghans who have not been able to get any kind of response in relation to their applications, they've not even been able to get an acknowledgement in 14 months.' 'I know of numerous Afghans who are for sure Arap-eligible, but have spent the last three years in Islamabad trying to get responses from the British government. They just haven't got a decision yet on their Arap application, and so they're still there.' When asked why the system was still failing, Ms Stewart blamed indifference at the top of Government. 'The first thing is that nobody cares enough, and so nobody's doing anything about it. The fact that you can't get an answer or even an update on an Arap application in 14 months, and you need to get an MP involved to get one after 14 months. I think there's no resource, there's no political pressure, nobody cares. It's last year's news.'
The Independent
19-02-2025
- Politics
- The Independent
Foreign Office whistleblower hopes tribunal win ‘establishes precedent'
A Foreign Office whistleblower sacked for making disclosures about the Afghanistan evacuation said she hoped winning an employment tribunal 'establishes a precedent' protecting civil servants. Josie Stewart was sacked by the Foreign, Commonwealth and Development Office (FCDO) in 2022 after being accidentally identified as a confidential source by a BBC journalist. She was told on Tuesday that she had won a case for unfair dismissal over her disclosures to the media about the UK government's Afghanistan evacuation efforts following the Taliban offensive in 2021. I have just never experienced anything as chaotic, as poorly managed, and with such serious implications for people in Afghanistan Josie Stewart Ms Stewart, 44, said the tribunal process had been 'incredibly gruelling' and 'traumatic'. Asked about her reaction to the decision, Ms Stewart told the PA news agency: 'I'm feeling completely overwhelmed, relieved, but also have very mixed emotions. 'It's the culmination of three years of a huge amount of stress and trauma, and I have a lot of processing of that to do.' An employment tribunal before three judges, chaired by Employment Judge Andrew Glennie, found that her complaint of unfair dismissal under Section 98 of the Employment Rights Act 1996 was 'well-founded'. Ms Stewart, who has worked in the NGO charity sector since being sacked, said she hoped it 'establishes a precedent that hopefully will protect other civil servants from having to go through anything similar'. The tribunal concluded that it was 'reasonable' for Ms Stewart to go to the BBC when allegations had already been put into the public domain by former FCDO employee Raphael Marshall and 'government ministers were publicly disputing them'. Ms Stewart said the decision established that 'whistleblowing protections do apply to security cleared civil servants' and that 'in some extreme circumstances, it can be reasonable and legal for civil servants to whistleblow direct to the media'. She added that she hoped the decision would change the approach of the FCDO to whistleblowing and parliamentary accountability. This is an important win not just for Ms Stewart, but for civil servants, the public interest, and democracy Cathy James, solicitor Discussing the evacuation of Afghanistan, Ms Stewart said there were 'really severe failings at the heart of the UK government'. She added: 'I have just never experienced anything as chaotic, as poorly managed, and with such serious implications for people in Afghanistan. 'What drove me to share information with the media was the complete lack of accountability for those failures, and denial of the truth as I knew it.' Ms Stewart, who lives in Kendal, Cumbria, said her employment tribunal case publicised evidence about the Afghanistan evacuation 'that an inquiry by a cross-party Parliamentary Committee was not able to get out of FCDO'. She added that this raised 'important questions about parliamentary accountability'. Discussing the then government, she said: 'From my own experience and knowledge, they absolutely were misleading the public.' Ms Stewart's lawyers said the case was 'without precedent' and 'raised numerous important issues about civil servants' rights to whistleblower protection under existing law'. The tribunal heard that the FCDO had instituted a 'lessons learned' exercise following the Afghanistan evacuation, with Ms Stewart declining to participate because of how 'unforgivably bad' she thought the response had been. In her witness statement, Ms Stewart said she believed the exercise would be a 'whitewash' of the department's response. The tribunal found there was a 'clear public interest' in the evacuation and whether it was being carried out effectively and fairly, as the lives of individuals who had assisted Nato in Afghanistan were 'potentially at stake'. It heard that Ms Stewart had 'experienced a culture in FCDO which silences concerns and ostracises those who raise them'. The tribunal found that Ms Stewart's complaint of making a protected disclosure was 'well-founded' with regard to the withdrawal of her security clearance, but 'dismissed' in relation to her suspension. An additional complaint of automatic unfair dismissal under Section 103A of the Employment Rights Act 1996 was also dismissed. Ms Stewart was identified as a whistleblower after a BBC journalist tweeted two images in January 2022 which revealed her email address. Gavin Millar KC, who represented Ms Stewart in the proceedings, said in submissions that the evidence presented in the proceedings showed 'terrible failings by government'. Cathy James, solicitor for Ms Stewart, said the tribunal had 'vindicated' Ms Stewart's actions and 'upheld her rights'. Ms James added: 'This is an important win not just for Ms Stewart, but for civil servants, the public interest, and democracy.' An FCDO spokesperson said: 'We will review the findings of the tribunal and consider next steps.' Remedies for Ms Stewart's successful complaints will be determined at a future hearing.
Yahoo
19-02-2025
- Politics
- Yahoo
Kabul evacuation whistleblower wins unfair dismissal case
A Foreign Office whistleblower has won a case for unfair dismissal over her disclosures to the BBC about the UK evacuation from Afghanistan. Josie Stewart revealed details of the chaotic August 2021 withdrawal from Kabul and emails which suggested then Prime Minister Boris Johnson's had been involved in the evacuation of a pet charity. She had her security clearance revoked and lost her job after a BBC journalist accidentally identified her as a confidential source on social media. An employment tribunal, chaired by Judge Andrew Glennie, found she had leaked the information in the public interest and had been unfairly dismissed. Lawyers for the Foreign, Commonwealth and Development Office (FCDO) said Ms Stewart's bosses had been forced to sack her because her security clearance had been revoked and there were no other suitable roles for her. But Ms Stewart's barrister, Gavin Millar KC, said that if their argument had succeeded it would have driven "a coach and horses through" the Public Interest Disclosure Act 1998 (Pida) aimed at protecting whistleblowers. In a judgement issued on Tuesday, the employment tribunal said Ms Stewart had been justified in going to the media on a clear matter of public interest. "The tribunal considered that it was reasonable for the claimant [Stewart] to go to the UK's public service broadcaster when relevant information and/or allegations had already been put into the public domain … and government ministers were publicly disputing them." Top official admits error in Afghan evacuation row PM denies authorising animal evacuation from Kabul The tribunal heard that Ms Stewart had "experienced a culture in FCDO which silences concerns and ostracises those who raise them". She said her experience of the FCDO's Afghanistan crisis centre in August 2021 "reflected the worst of our political system". In a statement upon receiving the judgment, she added: "By calling this out, I lost my career. "The outcome of this case doesn't change any of this, but it has achieved what I set out to achieve: it has established that civil servants have the right not to stay silent when systemic failures put lives at risk, as happened during the Afghan evacuation. "I hope that, knowing that their colleagues have this right, senior officials will do more to build accountability in government, and speak truth to power when it is needed. "We can't have a system that says stay silent, no matter what you see, and forces dedicated public servants to choose between their conscience and their career." Elizabeth Gardiner, chief executive of whistleblowing charity Protect, welcomed the ruling. "We need whistleblowers to raise matters in the public interest and this case is unusual and hugely significant in finding that a civil servant was justified in going to the press." She added that the decision had "weighty repercussions for how civil servants can act in the future and their confidence in speaking out when they encounter wrongdoing". But she said it did not remove the need for better protections for civil servants who raise concerns internally through an "independent statutory commissioner". An FCDO spokesperson said: "We will review the findings of the tribunal and consider next steps." Remedies for Ms Stewart's successful complaints will be determined at a future hearing.
The Independent
19-02-2025
- Politics
- The Independent
Afghanistan evacuation whistleblower wins unfair dismissal case against FCDO
A sacked Foreign Office whistleblower has won a case for unfair dismissal over her disclosures to the media about the UK evacuation from Afghanistan. Josie Stewart was sacked by the Foreign, Commonwealth and Development Office (FCDO) in 2022 after being accidentally identified as a confidential source by a BBC journalist. Ms Stewart's lawyers said her disclosures to BBC Newsnight related to the Conservative government's handling of the evacuation from Afghanistan in 2021, and a 'subsequent denial by the Prime Minister and other very senior ministers and officials'. We can't have a system that says stay silent, no matter what you see, and forces dedicated public servants to choose between their conscience and their career Josie Stewart An employment tribunal before three judges, chaired by Employment Judge Andrew Glennie, found that her complaint of unfair dismissal under Section 98 of the Employment Rights Act 1996 was 'well-founded'. Ms Stewart's lawyers said the case was 'without precedent' and 'raised numerous important issues about civil servants' rights to whistleblower protection under existing law'. The tribunal heard that the FCDO had instituted a 'lessons learned' exercise following the Afghanistan evacuation, with Ms Stewart declining to participate because of how 'unforgivably bad' she thought the response had been. In her witness statement, Ms Stewart said she believed the exercise would be a 'whitewash' of the department's response. The tribunal found there was a 'clear public interest' in the evacuation and whether it was being carried out effectively and fairly, as the lives of individuals who had assisted Nato in Afghanistan were 'potentially at stake'. It also considered that it was 'reasonable' for Ms Stewart to go to the BBC when allegations had already been put into the public domain by former FCDO employee Raphael Marshall and 'government ministers were publicly disputing them'. The tribunal heard that Ms Stewart had 'experienced a culture in FCDO which silences concerns and ostracises those who raise them'. It found that Ms Stewart's complaint of making a protected disclosure was 'well-founded' with regard to the withdrawal of her security clearance, but 'dismissed' in relation to her suspension. An additional complaint of automatic unfair dismissal under Section 103A of the Employment Rights Act 1996 was also dismissed. Ms Stewart was identified as a whistleblower after a BBC journalist tweeted two images in January 2022 which revealed her email address. The whistleblower said her experience of the FCDO's Afghanistan crisis centre in August 2021 'reflected the worst of our political system'. In a statement upon receiving the judgment, she added: 'By calling this out, I lost my career. 'The outcome of this case doesn't change any of this, but it has achieved what I set out to achieve: it has established that civil servants have the right not to stay silent when systemic failures put lives at risk, as happened during the Afghan evacuation. 'I hope that, knowing that their colleagues have this right, senior officials will do more to build accountability in government, and speak truth to power when it is needed. 'We can't have a system that says stay silent, no matter what you see, and forces dedicated public servants to choose between their conscience and their career.' Gavin Millar KC, who represented Ms Stewart in the proceedings, said in submissions that the evidence presented in the proceedings showed 'terrible failings by government'. Cathy James, solicitor for Ms Stewart, said the tribunal had 'vindicated' Ms Stewart's actions and 'upheld her rights'. Ms James added: 'This is an important win not just for Ms Stewart, but for civil servants, the public interest, and democracy.' An FCDO spokesperson said: 'We will review the findings of the tribunal and consider next steps.' Remedies for Ms Stewart's successful complaints will be determined at a future hearing.
The Independent
19-02-2025
- Politics
- The Independent
Whistleblower who exposed chaos of Afghanistan evacuation wins unfair dismissal case against government
A civil servant who lost her job after blowing the whistle about the UK's chaotic withdrawal from Afghanistan has won her case for unfair dismissal against the government. Josie Stewart, a former senior official who had worked at the Foreign, Commonwealth and Development Office (FCDO) for seven years, lost her job after giving an anonymous interview to BBC Newsnight which saw her speak about her 'traumatic experiences' working in the Afghanistan Crisis Centre in summer 2021. Following the Taliban gaining control of Afghanistan, the British government evacuated 15,000 people from Kabul in what was known as Operation Pitting. Ms Stewart's security clearance was revoked and she subsequently lost her job after it emerged she revealed failings in the withdrawal from Kabul, as well as leaking emails suggesting that former prime minister Boris Johnson had prioritised staff from the animal charity Nowzad for evacuation over more deserving cases. An employment panel of three judges found the FCDO unfairly dismissed Ms Stewart after she leaked information in the public interest. In a legal first, the tribunal ruled that under whistleblower protection legislation it can be lawful for a civil servant to share unauthorised information directly with the media. At a hearing which took place last May, counsel for the FCDO Ben Collins KC argued that the right to blow the whistle did not extend to giving security clearance to those with a record of leaking. But Gavin Millar KC, the barrister acting for Ms Stewart, said such an argument would 'drive a coach and horses through' the Public Interest Disclosure Act 1998, aimed at protecting whistleblowers, if it succeeded. In submissions to the panel, Mr Millar said that Ms Stewart's whistleblowing related to 'the endangerment of the safety and lives of extremely vulnerable people in danger of retribution from the Taliban at any moment, and a government communications strategy which concealed how badly the UK government let those people down'. A landmark judgment issued on Tuesday said: 'The tribunal considered that it was reasonable for the claimant to go to the UK's public service broadcaster when relevant information and/or allegations had already been put into the public domain … and government ministers were publicly disputing them.' The judgement continued: 'Was the claimant's belief that she made the disclosure in the public interest a reasonable belief? The tribunal found that it was. The prime minister and foreign secretary were denying things that the claimant believed to be true, based on what she had observed in the course of her work.' However, the panel accepted that it was unavoidable that Ms Stewart was suspended from work 'while her security clearance was reviewed, as she was required to have such clearance'. The judgement was dubbed 'groundbreaking' by Ms Stewart's solicitors, James and West, saying it was 'without precedent and raised numerous important issues about civil servants' rights to whistleblower protection under existing law'. Ms Stewart said: 'My experience of the FCDO crisis centre in August 2021 reflected the worst of our political system. By calling this out, I lost my career. The outcome of this case doesn't change any of this, but it has achieved what I set out to achieve: it has established that civil servants have the right not to stay silent when systemic failures put lives at risk, as happened during the Afghan evacuation. 'We can't have a system that stays stay silent no matter what you see, and forces dedicated public servants to choose between their conscience and their career.' Cathy James, Ms Stewart's solicitor, added: 'Today, the employment tribunal has vindicated my client's actions and upheld her rights. This is an important win not just for Ms Stewart but for civil servants, the public interest, and democracy.' An FCDO spokesperson said: 'We will review the findings of the tribunal and consider next steps.'
