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Whistleblower sacked for speaking out on withdrawal from Afghanistan takes UK government to court

Whistleblower sacked for speaking out on withdrawal from Afghanistan takes UK government to court

A former senior official at Britain’s Foreign, Commonwealth and Development Office is taking the UK government to court test the legal protections for whistleblowers, amid concerns they are not sufficient to protect civil servants.
Josie Stewart, who worked at the Foreign, Commonwealth and Development Office and was sacked after turning whistleblower to reveal details of the chaotic UK response to the fall of Kabul, said the British civil service has become so dangerously politicized that officials who dare to speak out risk being sidelined or losing their jobs.

She told The Guardian newspaper that former colleagues felt their role was to protect ministers, some of whom were only interested in “looking good,” rather than working in the public interest.

Stewart, who was head of the illicit finance team at the FCDO, was fired over an anonymous interview she gave to the BBC about the government’s handling of the chaotic withdrawal from Afghanistan in 2021. She is challenging her dismissal, based on the provisions the Public Interest Disclosure Act.

In her first interview since her dismissal, she said the government’s strategy for the withdrawal of its forces had been shaped by political concerns at home. Ministers were more focused on media coverage and “the political fallout” than saving lives, she added.

Her legal action adds to the pressure on Dominic Raab, who was foreign secretary at the time and who is currently fighting for his political career following allegations of bullying, which he denies. Raab was heavily criticized for failing to return home early from holiday in August 2021 when Afghanistan fell to the Taliban.

Stewart, who worked for two years at the British embassy in Kabul during her seven years with the FCDO, volunteered to work in the Whitehall crisis center when the Taliban took control of Afghanistan. One of her allegations was that ministers had not expected the British public to care about the evacuation of locals who had helped British troops amnd officials.

Her case, for which a final hearing is scheduled for September, could set a precedent for how the courts handle similar cases in future, including clarification of whether whistleblowers can avoid dismissal if they disclosed information in “exceptionally serious circumstances” and it should therefore be considered “reasonable” to have done so.

In her interview with The Guardian, 42-year-old Stewart said: “If the law is not tested and used then I don’t know how much it actually means, as potential whistleblowers don’t know which side of the line it is going to fall. Is what they’re going to do likely to be legally protected or not? If they don’t know, then I’m not sure how meaningful the fact the law exists is.”

Stewart, who now works for nonprofit organization Transparency International, alleged that the civil service has been dangerously politicized since the era of former Prime Minister Boris Johnson, and she accused the cabinet secretary, Simon Case, of failing to stand up for officials.

“I increasingly saw senior officials interpreting their role as doing what ministers say and providing protections to ministers,” she said. “It was almost as if their first loyalty (was) to their political leaders rather than to the public.

“Essentially people who said ‘yes’ and went along with it and bought into this shift in culture and approach were those whose careers went well. Those who resisted either found themselves buried somewhere or looking for jobs elsewhere.

“It threatens the impartiality of the civil service. The civil service is supposed to bring expertise in how to get things done. It risks that expertise being neutered by a slant towards focusing on things that look good rather than achieving impact.”

Stewart also suggested the politicization of the civil service had a dramatic effect on the government’s handling of the evacuation from Afghanistan. Moreover, she highlighted the government’s failure to draw up a plan to help Afghan nationals who had assisted the British, such as translators or contractors, but were not eligible for the existing Afghan Relocation and Assistance Policy because they did not work directly for the UK, to leave the country.

“There was no policy because we didn’t intend to do it at all,” Stewart said. “The only reason it came into life during the crisis was because the government was surprised to learn that the British people did actually care and did feel that we owed something to those people.

“Then they thought: ‘Well, people do care and we had better do something about it.’ So it was a misjudgment, politically. Hence the chaos.”

The crisis center received thousands of emails from desperate Afghans asking for help, which remained unopened until pressure from MPs led Raab to promise in the House of Commons that they would all be read by a certain date.

In January 2022 Stewart gave her anonymous interview and leaked emails to the BBC’s Newsnight program that revealed a decision to allow the animal charity Nowzad’s Afghan staff to be evacuated had been taken as a result of instructions from Johnson himself that overruled officials, who had said the workers were not eligible and others were at higher risk. Johnson had denied being involved in the decision.

The unredacted emails were accidentally published on social media by the BBC, revealing Stewart’s identity. She was stripped of her FCDO security clearance and subsequently sacked because, without it, she was unable to do her job.

Stewart’s lawyers expect the government to argue that the protections under the Public Interest Disclosure Act do not apply in this case because she was not, ultimately, dismissed for the act of whistleblowing, and they plan to challenge this.

An FCDO spokesperson said: “We are rightly proud of our staff who worked tirelessly to evacuate more than 15,000 people from Afghanistan within a fortnight.”

A Cabinet Office spokesperson said: “The cabinet secretary is proud to lead a civil service that works day in, day out to deliver the government’s priorities for the people of this country.”

A BBC spokesperson said: “We take our responsibilities as journalists very seriously and we deeply regret that the name of the email account was inadvertently revealed when the email was published on social media.”

A spokesperson for Boris Johnson declined to comment.
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