Ministers Would Repeat Afghan Superinjunction, MPs Warned

British ministers have indicated they would again utilize a superinjunction to withhold information from the public and Parliament, even in circumstances similar to a previous incident where a data breach inadvertently put 100,000 Afghans at risk of death. This stance comes as a row intensifies over the fate of thousands of Afghans who served Britain and are now reportedly abandoned to Taliban reprisals.

In a devastating data breach in August 2023, the Ministry of Defence lost personal data of Afghans who had applied for sanctuary in the UK. For nearly two years, a superinjunction prevented media outlets from reporting on the incident, a situation described by campaigners as an unprecedented legal gag order that kept MPs and the public in the dark.

Despite the concerns raised, ministers have stated they would take the same course of action if deemed necessary. This is happening as thousands of individuals, who are owed sanctuary by the UK for their service, such as frontline interpreters with British troops, are still unable to escape vengeful Taliban warlords. One campaigner expressed heartbreak, stating, "It breaks my heart to have to tell them they are abandoned."

The Commons’ Defence select committee has criticized the Ministry of Defence for disregarding recommendations from their earlier report. In July, the committee published a report detailing their investigation into the data breach and subsequent secrecy. Ministers had pledged to assist eligible Afghans still in the country, but in April, a requirement was added for them to 'self-move' to another country within 12 months before they could come to the UK.

Senior MPs on the committee expressed particular concern that ministers, in their response, ignored the recommendation to outline clear steps for assisting these individuals. Tan Dhesi MP, chair of the Defence Committee, stated, "We are talking about people who risked their lives supporting British forces and who have already endured years of fear and uncertainty. Yet ministers still have not said clearly what help will be available to those who can't get themselves out of Afghanistan."

Concerns are mounting as the Taliban impose new crackdowns on the population. Reports indicate that some Afghans who worked with UK forces have been arrested, with some allegedly subjected to physical abuse. Campaigners accuse the government's relocation team of exerting undue pressure on eligible Afghans to relocate themselves, while ignoring the inherent risks involved. Families have reported being held at borders and facing deportation threats.

According to reports, approximately 3,000 Afghans who have been granted permission to come to Britain due to threats they face have been denied direct UK assistance for their escape. Many are struggling to afford visa fees to countries like Tajikistan, which serves as a transit point for relocation. One individual who worked with British forces and intelligence services recounted being asked to find $10,000 for visas for his family, an amount he described as impossible to obtain.

The government, in its response to the committee's report, suggested it had seen "early evidence showing that people can self-move and are making plans to." However, the MPs noted that half of the Afghans offered British sanctuary had not yet managed to move to a third country safely, lawfully, or affordably.

Professor Sara de Jong, a founding member of the Sulha Alliance, which advocates for former military interpreters and others left behind, shared her disappointment. "The committee did an excellent, thorough investigation, but the Government now willingly ignores its important recommendations," she said. "The Government's response will only increase despair among Afghans who are accepted for relocation but can simply not safely, lawfully or affordably move to a third country."

Following the lifting of the superinjunction last July, the Daily Mail received several industry awards for its reporting on the data breach and the subsequent secrecy, with journalists giving evidence to several inquiries, including the Defence Committee's. Despite this, the government has rejected proposals for clear principles on parliamentary scrutiny should such an extraordinary situation arise again, stating it should be up to the "government of the day" to decide.

The 2022 data breach was believed to have put 100,000 Afghans at risk of death, prompting a clandestine evacuation scheme for interpreters and others loyal to Britain after the Taliban regained control of Afghanistan in 2021.