Afghan Special Forces Relocation Review

Statement

15:32:00

My Lords, with the leave of the House I will now repeat a Statement made yesterday in another place by the Minister for the Armed Forces. The Statement is as follows: “Madam Deputy Speaker, I would like to update the House on the ongoing review of Afghan relocations and assistance policy scheme applications from former members of Afghan specialist units, including former members of Commando Force 333 and Afghan Task Force 444, commonly known as the Triples. These Afghans worked alongside UK Armed Forces in Afghanistan, fighting valiantly, with some dying alongside our troops. It is for this reason I know that former Triples have the support of veterans of the conflict and the British public, as well as all Members of the House. The Defence Secretary and I, along with my honourable friend the Minister for Security, as well as many sitting and former Members of the House, advocated for a review of decisions made on ARAP applications from the Triples. I pay tribute to my honourable friend, the Security Minister, Members of this House and others outside this House for their advocacy on this matter. I am keenly aware that an update on the Triples review is long overdue, so I thank colleagues for their patience. Although the review, which should not have been necessary in the first place, has taken longer than initially intended, I can confirm today that key issues have been identified and resolved, and the Government are now making important progress, with eligible former Triples and their families now being invited to relocate to the UK. The Triples review was announced by the previous Government on 1 February in response to my Urgent Question, after they accepted that inconsistencies existed in how decisions on ARAP applications from members of the Triples were being made. For clarity, officials are currently reviewing a cohort of ineligible decisions taken on applications that contain credible evidence of links to former Afghan specialist units and where MoD caseworkers previously referred cases to officers in other parts of the MoD, to other departments and to governmental bodies under category 4 of the ARAP scheme, and which may have been affected by that inconsistent approach. The review is being carried out by staff who have not previously worked on those applications, including independent caseworkers. Approximately 2,000 such applications are within scope of the review, and I can report that more than three-quarters have been reassessed. The previous Government committed to conclude the review within 12 weeks of launch, which was at the end of March 2024. The review should have reported before the general election, but clearly it did not. Given the perilous situation in which many former Triples still find themselves, this is a source of deep regret and concern for me that I know everyone will share. I have investigated the reasons for the delay, which include the emergence of additional information in HMG’s archives that officials undertaking the review discovered and which required careful consideration. The nature of the relationship between the UK Government and the Triples evolved over the almost 20 years of UK military involvement in Afghanistan. This has led to a complex set of historical records held by different government departments. It has taken time to piece the information together to give a fuller and more accurate picture. I am now able to provide a provisional update on what we have learned from the review. Officials have now confirmed that there is evidence of payments from the UK Government to members of Afghan specialist units, including CF333 and ATF444, and that, for some individuals, this demonstrates a direct employment relationship. The evidence goes beyond previously identified top-up payments and reimbursements for operational expenses, which do not demonstrate such an employment relationship. This, of course, runs contrary to the position reported to Parliament by the previous Government that no such evidence existed. My officials have advised that some record analysis that is to be carried out should give us a more confident picture of the task at hand. I am satisfied, however, that what has come to light is sufficient to move forward with decision-making without delay under ARAP categories 1 and 2, as well as under category 4 where appropriate. The review is progressing and each application is considered on its own merits. But, on the available information, we are expecting an overturn rate of approximately 25%. For the benefit of the House, these categories permit ARAP eligibility to persons including those who were directly employed in Afghanistan by a UK government department, or who worked in Afghanistan alongside a UK government department—in partnership with or closely supporting and assisting that department —and who are at risk because of this work. Like me, Members will be understandably anxious about the impact that the delay has had on the pace by which we are getting as many of those eligible for relocation removed to safety. Many Members will have concerns for the welfare of former Triples who might be ARAP eligible and remain at risk. Despite sharing their deep frustrations, I hope that it is of some comfort to colleagues across this House that, if a decision is overturned as part of the review, applicants are informed immediately and the relocations process can then start. I have already begun signing eligible decisions to relocate former Triples to the UK. Furthermore, once they arrive in Pakistan and are confirmed as ARAP eligible, we can offer them protection from deportation back to Afghanistan thanks to the UK’s ongoing and constructive dialogue with the Government of Pakistan. Confirming that we have found evidence of direct employment for some of the Triples cohort is the opposite of the last Government’s position that no such direct employment existed. I would like to state that I have seen no evidence suggesting a conscious effort by the previous Administration or Ministers to cause delay or indeed to mislead the House or the public on this matter. When Ministers in the previous Government provided Statements to the House on the Triples, I believe that they did so in good faith, based on the known information under consideration at that time. Record-keeping in the context of a long multinational operation is notoriously challenging, but that is no excuse. It is of course critical that we understand how and why the error occurred. It is clear to me that a failure to access and share the right digital records and challenges with information flows across departmental lines have all led to this significant body of information being overlooked, with huge real-world implications. Where corporate memory failed, so did processes. As is too often the case, it was those who needed help the most who suffered. I am clear that this sort of systems failure is not good enough. Under my direction, officials will now review and renew efforts to improve information flows and processes to ensure that this never happens again. While I do not consider there to be malicious intent in this case, this is an example of the problems that dogged Afghan resettlement under the previous Government. The Triples review should not have been needed in the first place. It should not have taken this long, and the system in place at the time that the initial decisions were made should have been led with more competence and grip to ensure that those mistakes were caught and managed more quickly. Today, it is with some relief that I and this new Government can assure Members that we have unblocked progress and that eligible former Triples and their families will now rightfully receive the sanctuary that their work in support of our troops in Afghanistan deserves. I am confident that we will be able to relocate those eligible to safety and so that they can start a new life here in the UK. I will keep pushing this work forward at pace so that we can close this chapter in our history, knowing that we did right by those who stood shoulder to shoulder with the UK Armed Forces. I recognise the strong sense of feeling and support across all in this House on this matter and on Afghan resettlement in general. The Defence Secretary and I will keep the House updated on our approach to Afghan resettlement. Given the seriousness with which we take the Triples review in the MoD, I aim to report to the House when the review is complete”. My Lords, that concludes the Statement.

15:41:00

My Lords, I thank the Minister for repeating the Government’s Statement. I welcome its content and tone, and it is very much appreciated by former Ministers. We owe all those who served with distinction and valour in Afghanistan a great debt of gratitude. Their efforts to make Afghanistan a better place for all its citizens, and to ensure the safety and security of the United Kingdom and our interests, are immeasurable. It is very concerning that many of them still experience enormous personal risks from the Taliban. It is right that we do all we can to assist them in any way possible. In light of this, I am proud that, when in government, the Conservatives established the Afghan citizens resettlement scheme and the Afghan relocations and assistance policy. As of 30 June, indefinite leave to remain had been granted to 12,874 individuals across the two schemes, many of whom are former members of specialist units. However, we acknowledge that some former members of the Triples have faced unfair decisions relating to their applications. I am pleased that the Government have continued the review into applications from past members of the Triples to the ARAP scheme that was initiated by the Conservative Government in February by the then Minister for the Armed Forces, James Heappey. It was the right decision to attempt to remedy inconsistencies with applications to the ARAP scheme, and I am proud that the Conservatives took such action and that the Government have continued this work. We on the Conservative Benches fully support this review process, and we want the correct decisions to be made on these very important and time-sensitive applications as speedily and fairly as possible. We hope that His Majesty’s Government will keep your Lordships’ House updated on any further progress with this review. I also welcome the Government’s acceptance and admission that the ineligible decisions were not taken out of bad faith and that any decision made by the previous Government was arrived at only after careful scrutiny of the information available at that time. As the Minister stated, it is a mammoth task to ensure adequate record-keeping in prolonged military operations involving numerous coalition partners, and it is a positive step that new records establishing employment links with some members of the Triples have surfaced. Of utmost importance is that the process moves forward as smoothly as possible. Can the Minister confirm that the Ministry of Defence is working in lockstep with the Home Office to ensure that decisions on the Triples are communicated effectively and in a timely way to those affected? Has the Home Office made the necessary arrangements to ensure that those who have their original decisions overturned do not face further hurdles in their recognition and relocation to the UK? This requires action across government, including Border Force and UK Visas and Immigration, but it also relates to housing and community integration. Does the Minister know whether adequate housing stock is available for those whose decisions are overturned by this review? Furthermore, have His Majesty’s Government liaised with local authorities to ensure that those who arrive are properly supported? I thank the Minister in advance for his answers to these important questions. I end with a call for continued cross-party co-operation and consultation on this issue, which is not only in the national interest but a moral imperative. Too many of those who served alongside our troops in Afghanistan have been persecuted by the Taliban since the withdrawal, and it is our duty now to deliver on our end of the bargain. We hope that the international community continues to monitor the ongoing human rights abuses perpetrated by the Taliban and will push them to reverse course as a matter of urgency, for the sake of all the citizens of Afghanistan.

My Lords, I too thank the Minister for repeating the Statement, and I welcome it in principle. When I was chair of the International Development Committee, I visited Afghanistan on two occasions—not just Kabul but Balkh and the Panjshir Valley. Other members of the committee went to Helmand. We saw for ourselves the engagement between the occupying forces and Afghan organisations and troops of all kinds—very much committed to the future. I also have experience, as I am sure have other Members of the House, of having to take up a case of an Afghan who was trapped because he could not get the necessary papers out. It was eventually resolved, but it was an awfully long and convoluted process, so I think noble Lords can understand how we got to this position. The reality is that many of these people—Afghans who were working in Afghanistan—were looking for a free, tolerant and inclusive Afghanistan. They did not expect a sudden and chaotic evacuation, which amounted to a betrayal of their bravery and loyalty. They believed they would be protected for their commitment—what we have just heard about the Triples is dramatic proof of this fact. Let us be clear, the UK did not take the decision to evacuate Afghanistan; we had no choice but to follow the lead, but it was a dreadful decision carried out in an appallingly incompetent way which left many Afghans at continuing risk. In that situation, it is absolutely right that we demonstrate now our commitment to help those who have the right to come to this country. The Minister has already indicated that the applications are being processed, many have been resolved, and papers have been signed. How quickly does he believe the process can be completed? Many of the people affected are probably in hiding somewhere in Afghanistan. What steps are being taken to help them out safely? The Minister said that when they are in Pakistan they will be supported, but getting to Pakistan might be a high-risk process. What can the British Government do to try to help them get there so that they can be brought to safety? The Minister mentioned families. It would be good to hear exactly what the status of their families will be, what definition of “family” will apply, and how they too will be given freedom. Although the Statement is specific to the Triples—I accept that, and it is a welcome outcome that a review started by the previous Government, which has probably taken too long, is now coming to fruition—does the Minister nevertheless accept that there are other Afghan nationals who loyally served the UK and may still be at risk and who still have the problem of not being able to entirely prove what their relationship was? I think your Lordships all know that for many of them there was a genuine and deep relationship, and they are entitled to believe that the UK will look after them if it can. I understand the point that you cannot just have freeloaders—there must be real evidence—but will the Minister acknowledge that the Triples might not be the only people who have fallen foul of this lack of information and data? The case that I was involved in was precisely that—I am sure that other noble Lords had similar cases. He knew for certain and was fortunate enough that there was a British citizen who had worked with him and was ultimately able to provide the evidence that enabled him to leave Afghanistan. Without that evidence, he might still be languishing in hiding with his family—fortunately, that is not the case. I thank the Minister for the Statement. The Government are doing the right thing; we just ask that they do it as speedily as possible. It would also be good to acknowledge that this might not be entirely the end of the road.

I thank the noble Lords, Lord Evans and Lord Bruce, for their contributions. This is a very serious Statement, as we all acknowledge; we can tell that by the tone of the House. I also thank both noble Lords for their acknowledgement of the heroism of those who worked with us and our need to ensure that we do all we can to stand with those who stood with us. For those who read or watch our deliberations, I make the important point that there is no party division on defending our country and standing up for our country. There are questions of any Government that people will sometimes want to ask, and that is quite right, but both noble Lords made the point that this is not a party-political issue. This is about His Majesty’s Government, of whatever party, trying to do the right thing by those who stood with us in conflict. There is no division between us on that, and that is an important starting point for us all. I reiterate the point that has just been made: there is no suggestion that any Minister in the previous Government did anything other than use the information they had given to them in order to provide information to your Lordships. The noble Lord, Lord Evans, asked me to acknowledge the steps the previous Government took to instigate the review, and I do so. As a consequence of the review, the various things we are discussing today have come to light. In answer to the noble Lord, Lord Evans, the MoD is working across government, including, where necessary, with the Home Office. That is how some of these things have come to light, but there will be others. The noble Lord, Lord Bruce, asked about adequate housing. We are working with the Home Office and local authorities to ensure that those who are resettled here through the Triples process are adequately housed. As part of that, arrangements are being made for permanent accommodation for them. As mentioned in the Statement made by my colleague Luke Pollard MP yesterday, existing transitional arrangements are having to be used which we had hoped would have ended by now. Indeed, the previous Government’s and this Government’s hope and expectation was that they would have ended, but we hope to see them end as soon as possible. Adequate housing, including some military housing, is being made available for some individuals and their families. I was asked about the figures. We estimate that 2,000 applicants are eligible under this review. Some three-quarters have already been reviewed, and of those, approximately 25% have been found to be eligible because of the direct employment records we have uncovered. Some of the remaining 500 or so are the more complex or difficult cases, so I cannot say to your Lordships exactly when the review will be finished, but we intend to complete it as soon as we can, and we will keep the House updated. As soon as a decision is made, applicants are informed immediately. They are not informed that their case is under review, but they are informed immediately that their case has been looked at again and they will be subject to that. I think the noble Lord asked how they are got out of Afghanistan. I think everybody will understand why I cannot explain how, but they are moved as quickly as possible out of Afghanistan and into Pakistan. We are working really closely with the Pakistan Government, who have been very co-operative in this respect. My understanding is that nobody who is eligible under the ARAP scheme has been deported back to Afghanistan. We also know that, subject to certain checks being made, they are moved from Pakistan to this country as quickly as possible. The noble Lord asked about family members. There is a difference between immediate family members and eligible family members: the usual terminology applies to “immediate family”—for example, dependent children, spouse—“eligible family” means the wider family. People are obviously free to make applications in respect of eligible family members and others, and they will be adjudicated in the appropriate way. The noble Lord asked about other asylum routes. Of course, there are other asylum routes that people from Afghanistan can apply for—I see the noble Lord, Lord Sharpe, in his place. The noble Lord mentioned the figure; I think it is nearly 13,000 people now. There are those routes, but they are asylum claims; here, we are dealing with the Triples. In answer the question from the noble Lord, Lord Bruce, other special units may be in scope, but we have not looked at those yet. We will have to do so. As I say, other routes are available, but they concern asylum claims. Other special units, if that is what the noble Lord was referring to, may well be in scope of the review, but we have not looked at them. We will do so in due course. Before I take questions from Back-Benchers, I reiterate that we will of course keep the House fully updated on progress on all of this. I hope the House appreciates why we thought it important to come forward with this as soon as we were able to. There is new information, which the Government are now working on. Above all, we are now taking decisions, changing some of the decisions that were made based on past available information. I think it highly appropriate in those circumstances that we come to the House to explain that. The noble Lord mentioned individual cases. If noble Lords let me know of any individual cases, I will take them to Minister Pollard to see whether they are eligible and can be taken forward. Clearly, the case the noble Lord mentioned needed to be looked at. With that, I welcome the Statement. It is an important step forward and I thank both the Liberal Democrat Front Bench and His Majesty’s Opposition’s Front Bench for their support for the Statement, and for their questions.

15:58:00

My Lords, the review of unsuccessful claims under the ARAP scheme was meant to cover all cases, not just the Triples. Can the Minister please tell the House how many interpreters who worked with our Armed Forces and how many British Council staff have also had the decision on their claim for relocation reversed as a result of this review?

This review dealt with the Triples; interpreters and others were outside its scope. For people who are making or have made asylum claims, there are opportunities for them to claim asylum through those processes, and there are appeals processes within that. The interpreters and others that the noble Baroness mentioned were not within scope of this review.

My Lords, I welcome this review and pay tribute to my ex-right honourable friend James Heappey for initiating it. The FCDO and the MoD worked very closely together with the Home Office on all resettlement schemes. May I ask the Minister specifically about the role of Pakistan? While I have heard the reassurance and we have a good working relationship on the ground, one of the challenges the previous Government faced on the ACRS, which the noble Baroness, Lady Coussins, alluded to for interpreters, was that a visa was issued to those eligible for resettlement by the Pakistan Government, but there is a time limit on it. That was to ensure that we have British officials on the ground in Pakistan to verify the process, so that those getting nearer to the time deadline are not then returned to Afghanistan. I welcome the tone and the substance of this Statement.

I thank the noble Lord, Lord Ahmad, for the work he did on this, and for his general welcome and question. If noble Lords will forgive me, because it is such an important question I am going to read an answer, which is unusual for me. It is important that this is accurate with respect to Pakistan and the question from the noble Baroness. I apologise for this, but it is important that we get this right. We are in regular contact with the Government of Pakistan and we are very grateful for their continued assurances that ARAP-eligible Afghans who have completed their security checks will not be deported. If an individual in scope of the review has their decision overturned, they should be offered the same level of protection from deportation from Pakistan. We are engaged in ongoing constructive dialogue with the Government of Pakistan over the ARAP scheme. We have explored every avenue to try to extend protection from deportation enjoyed by Afghans in Pakistan. We have confirmed eligibility and completed security checks for those in scope of the review while it is under way. While we have not been able to find a mechanism for achieving this on the UK side, we are grateful to the Pakistan authorities for their continued assurances that ARAP-eligible Afghans will not be deported. Indeed, to my knowledge, no Afghan with confirmed ARAP eligibility has been deported from Pakistan. We look forward to their ongoing support as we relocate Afghans to begin their new lives in the UK. I apologise for reading that, but it is important to be completely accurate.

My Lords, I thank the Minister for repeating the Statement. If any of the groups or individuals who supported the British forces in Afghanistan deserve proper treatment, it is the Triples, who supported our special forces in difficult and dangerous circumstances. In welcoming the content of the lengthy Statement, I am pleased that there is no party-political issue. Would the Minister agree with me on two things? First, Mr James Heappey and the former Minister of State for Veterans’ Affairs Mr Johnny Mercer played a significant role in this, at some risk to their personal integrity. Secondly, would he agree that 25% is an interesting figure? Could the Government err on the side of generosity and allow more than 25% and, where the circumstances are that the decision is in the balance, act in favour of the individuals? As I said, they are extraordinarily deserving. We have to be very careful of our national and international reputation when we operate in faraway places.

The noble Lord is completely right that we need to remember our obligations to those who supported and helped us, and our international reputation. He is also right to point out that the review and the Statement have identified the need to do the right thing by the Triples. Many individuals, including the noble Lord, helped with respect to this, and I acknowledge all the contributions that people have made. I will also say that 25% is a rounded and approximate figure, which came to light with the first 1,500 reviews of the approximately 2,000 people we regard as eligible. I am sure that people will have noted the noble Lord’s comment. I also thank him for everything he did during his time in service.

My Lords, I welcome the Minister’s repeat of the Statement. It raises issues of which we must not lose sight. Although he has already answered the noble Baroness, Lady Coussins, by saying that interpreters are not covered by the Statement, I nevertheless know of a case where interpreters put their lives at risk just as much as anybody else. I have in mind the case of Mr Mirwais Adil, whose family was unable to be rescued at the time of Operation Pitting. I would like the advice of my noble friend as to whom to write to in order to raise an individual case of an interpreter and his family who have not been reunited.

The short answer is that, if I were my noble friend, I would write to me, and I will pass it on to the appropriate Minister and ensure that it is properly looked at. As I said to the noble Lord, Lord Bruce, if noble Lords write to me on individual cases, I will ensure that, if neither I nor the appropriate Minister in the Ministry of Defence is dealing with it, it goes to the appropriate Minister to ensure that there is a proper response.

My Lords, I too welcome this Statement and am pleased that the right thing has been done for a significant number of these brave men who supported us in Afghanistan. However, I cannot help but reflect that, had the previous Government had their way, some of them may not have been in a position to take advantage of this because they would have been in Rwanda. On this specific issue about evidence of employment, on 12 December 2023, in the context of a repeat of a UQ from the other place, I asked the following question, which I will read in short, in the interest of time: “My Lords, in responding to a question about specific individuals in the other place, the Armed Forces Minister told the House that His Majesty’s Government ‘do not have the employment records of the Afghan special forces’”— that was a quotation from the Commons Official Report. I went on to say: “Today, I was informed by a very reliable source that, until at least August 2021, our embassy in Kabul held nominal records for members of CF333 and ATF444, for the purposes of … pay”. —[Official Report, 12/12/23; col. 1817.] In response, the then Minister undertook to search for these records that he said he had no knowledge existed. When were these records recovered? If these are not the records that have caused this dramatic development in the ability of these reviews to produce the sort of results that we have, where in this Government were the records that justify the refusal of the relocation of these brave men until they were discovered? When were they discovered, and why were they kept back? There could not have been any part of the Government that did not know that they needed to be brought forward to a review that was announced two months later.

I thank my noble friend for his interesting question. On the basis of the information I have and the briefings we have had, I can tell him that the information became available after the start of the review on 1 February 2024. In the context of the weeks and months after that review, that was when the evidence of direct employment records became available. There was a failure of different government systems in different government departments to share information —the digital records were not shared, and different government departments were not talking to each other. I do not have the exact date for when that was discovered, but it was after 1 February. If further information should be made available to my noble friend in consequence of his question, I will write to him and place a copy in the Library.

My Lords, I very much welcome the Minister in this House, and the Minister in the other House, encouraging Members to come forward with any information they may have on individual cases. I return to the units where we discovered that there was an employment relationship and the suggestion that there may be other specialist units where such a relationship has existed. The Minister in the other place made reference to that. Can the Minister explain a bit more about what he expects to find?

There will be other special units, which I do not wish to discuss on the Floor of the House, for reasons that the noble Baroness would understand, but they are within scope of this review and they will be looked at as soon as possible. That is why I want that reassurance. Others have asked about other special units that have direct employment with the UK Government, and we will be looking at that and dealing with it in due course.

My Lords, the phrase “debt of honour” has sometimes been used as a cliché, but I cannot think of any other case which more aptly suits that phrase than the support for those who were prepared to support our service men and women, to the risk of their own life. The Minister has been generous with his accolades for everyone, but all of us know that, had it not been for the campaigning that took place across parties, led by people like himself—and in this House, the noble Lord, Lord Browne, behind us—we might not have reached this stage. I have two brief questions for the Minister. The first is whether there has been an assessment for those specialist troops, particularly the Triples—444 and 333—who are remaining in Afghanistan. Do we have any assessment of their safety? The second is on those from groups who have previously applied and been refused entry under the ARAP scheme. Is there some manner of letting them know that their case is being reviewed, or are they expected just to learn from the generality of publicity around this?

In answer to the noble Lord’s last question, we have not informed people directly that their case is being reviewed. We think that the best way to support those who may have their claim reassessed and allowed is to follow that course of action. In terms of the assessment of their safety, again we believe in not informing a generality that there is a reassessment going on, although people can of course read the newspapers. Not informing people directly that their case is being reassessed will mean that there is not a whole wave of speculation taking place, which could unsettle individuals and their families. To reassure the noble Lord, as soon as a change is made, the individual is informed immediately and arrangements are put in place very swiftly for them to be taken out of the country and into Pakistan. The noble Lord, Lord Reid, is right to mention all of those who have made possible the review and the outcomes we have seen. He was also quite right to mention our noble friend Lord Browne for all he has done with respect to this, and it was remiss of me not to do so in the first place.

My Lords, I appreciate what the Minister has just said, but I fear that the noble Lord, Lord Browne, has unfairly maligned the previous Government. He will know that we did exempt eligible Afghans from the Rwanda policy. That was read into the record twice on the last day of debate. Having said that, I also 100% congratulate the noble Lord, Lord Browne, on making us do it, and I appreciate that.

I have nothing further to add to that but, on a slightly lighter note, I say to noble Lords that my days of talking about Rwanda have hopefully passed.