Security Update: Official Secrets Act Case

Debate between Alicia Kearns and Dan Jarvis

Monday 13th October 2025 Commons Chamber

[Dan Jarvis]

I am grateful to my hon. Friend, who asks such a very useful question that parliamentarians should be asking themselves. Yes, I can give him that assurance, and I have made clear from this Dispatch Box on many occasions the importance that this Government attach, as I am sure the previous Government did, to the National Security Act 2023. It was a groundbreaking piece of legislation, and as my predecessor, the right hon. Member for Tonbridge (Tom Tugendhat), would acknowledge, I have paid tribute on numerous occasions to those who were involved.

My hon. Friend asks the right question. The NSA closed the loopholes that we are essentially debating today, so I can assure him that our legislative framework is in a much better place than it was a couple of years ago. That said, because this Government take these matters incredibly seriously, we constantly look at the legislative framework to assure ourselves that it is appropriate. We work very closely with Jonathan Hall KC, who has made recommendations, at the Government’s request, on our legislative framework, and we have made a commitment that wherever there is a requirement for more legislation, we will bring it forward.

[Alicia Kearns (Rutland and Stamford) (Con)]

The integrated review refresh, which stated that the Chinese Communist party posed a threat to our people and our security, was in fact published the very day that these two men were arrested. But that in itself is a red herring, because the Bulgaria case proved that it is for a jury to decide whether a country is or could be a threat, and it is not for the Government alone to prove that. The Minister told the House in response to our urgent question that the Government demanded that the Chinese chargé d’affaires come in for the démarche. Did a Minister do that, or did an official do it?

Secondly, given that the House has been told how disappointed the Government are with this outcome and that they seem to be quite clear about the evidence of guilt, what repercussions are they choosing to put on the Chinese Communist party? Will they be cancelling the joint economic and trade commission? Will they be putting in place sanctions? Will they be banning the embassy? If they will not act, why not?

[Dan Jarvis]

Of course, the hon. Lady has a very close personal interest in this case, and it will be well understood by Members across the House why she has expressed concerns today and previously. I am sorry that she does not feel that the Government’s response is adequate, but I assure her that I will endeavour to ensure that this Government do as much as we possibly can to work with her and the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) on this issue, so that she can have confidence that these matters are not able to happen again.

The hon. Lady specifically asked about the démarche I referenced in my statement—it was not an urgent question—on 15 September. As she will know, that was done through the Foreign, Commonwealth and Development Office, but I will come back to her with more details should she wish.

Official Secrets Act

Debate between Alicia Kearns and Dan Jarvis

Monday 15th September 2025 Commons Chamber

[Alicia Kearns (Rutland and Stamford) (Con)]

I will be responding in a personal capacity, but may I start by thanking you, Mr Speaker, for the support you have given to us over the past two years? I also place on record my gratitude to our intelligence community and counter-terrorism police, who are exceptional.

From a securities perspective, today’s events are disastrous. They will embolden our enemies and make us look unwilling to defend our own nation, even when attacked in this place, the mother of all Parliaments. I am relieved that the National Security Act will make it safer and easier in future to prosecute foreign spies, but I urge the Minister to reform the Treason Act so that traitors are prosecuted and face justice, put China in the enhanced tier, and support private prosecution.

It remains unclear to me why Chris Cash and Christopher Berry cannot be prosecuted under the Official Secrets Act. The evidence shows a clear line between those two, the United Front Work Department and the politburo—the very top of the Chinese Communist party. The information shared was prejudicial to the safety and interests of the UK, and I believe it put Members at personal risk. My right hon. Friend the Member for Tonbridge (Tom Tugendhat) was told by agency heads that the evidence was overwhelming and the case beyond doubt. Counter-terrorism police this morning agreed and said the same to me—that the evidential standard had been met at the time of charges.

My question for the Minister is simple: if officials, the security services and the police agree that the case was a slam dunk, why has the Crown Prosecution Service not been able to get it over the line? If the CPS was not confident, why, given the compelling evidence, did it not put it to a jury and test it? Whoever is responsible for this decision—whether the Director of Public Prosecutions, an official in his own Department or the Attorney General—they have weakened the defence of our country today and I am desperately sorry to see it.

[Dan Jarvis]

I am very grateful to the hon. Lady for her remarks, and I completely understand why she has phrased them in the way that she has. Let me also join her in thanking you, Mr Speaker, for the work you have done to keep parliamentarians safe. Over the next few days, weeks, months and years, it is vital that we work together. I look forward to meeting you later on today to discuss how we can ensure that we work together to safeguard all our parliamentary colleagues.

Turning to the substance of the remarks made by the hon. Lady, I agree with her characterisation of the National Security Act. I will look very carefully at the points she made specifically with regard to treason. On her assessment of the decision that has been made, I completely understand why she has arrived at that conclusion, as will Members right across the House. In my opening remarks, I expressed my extreme disappointment at the decision that has been made. These remarks, and the judgments people are forming in the House this afternoon, will be heard by the CPS. I know that she will take every opportunity—as will the right hon. Member for Tonbridge (Tom Tugendhat), whom she referenced in her introductory remarks—to seek a meeting with the CPS at the earliest available opportunity to hear and better understand the decision-making process it has been through.

As I have said previously, I am not able to speculate on the reason why the CPS has taken this decision. I am extremely disappointed that it has done so, but I will do everything I can to ensure that Government are organised so that we can ensure we have the resources in the right place to stand against the threats that we face.