China Spying Case

David Reed Excerpts

Tuesday 28th October 2025 Commons Chamber

[Nick Thomas-Symonds]

Not for a moment.

On 1 September, the National Security Adviser convened a routine meeting to discuss the UK’s relationship with China in the context of this case and several other upcoming moments. That is entirely what we would expect the National Security Adviser to do. We have learned that entirely separately, and entirely independent of Government, the CPS was deliberating on not offering evidence in this case. On 3 September, the DPP told the Cabinet Secretary and the DNSA of his intention, subject to confirmation, not to put forward evidence, and unfortunately that decision was confirmed on 9 September. I must say to the Opposition that that is a matter of regret. It is quite rightly an independent decision, but it is a matter of regret. On 15 September 2025, the CPS officially confirmed the decision to discontinue the case against Cash and Berry.

I actually welcome scrutiny of that decision. That is why I welcome the Joint Committee on the National Security Strategy’s inquiry into espionage cases and the Official Secrets Act and the Intelligence and Security Committee’s investigations into how classified intelligence was used. Since we last discussed the matter in this House, the Chief Secretary to the Prime Minister, the Attorney General, the Cabinet Secretary, the National Security Adviser and the deputy National Security Adviser have all submitted evidence to the Joint Committee on the National Security Strategy.

Yesterday, the Joint Committee heard evidence from the Director of Public Prosecutions and the First Treasury Counsel, and from the Cabinet Secretary and the deputy National Security Adviser at a later session. Tomorrow, the Chief Secretary to the Prime Minister and the Attorney General will give more evidence. A question has been raised about the National Security Adviser; he will also be giving evidence soon, and certainly before the end of the year.

[David Reed (Exmouth and Exeter East) (Con)]

The Minister expresses deep regret that this case has not gone to trial. I want to believe him on that, but the case did not go to trial. With the power of hindsight, if he was to go back and do this all again, what would the Minister have done differently to ensure that this case did go to trial?

[Nick Thomas-Symonds]

I will tell the hon. Gentleman exactly what would have made a massive difference: if we could have updated the Official Secrets Act far sooner than 2023. That would have made a material difference. This case was being prosecuted under a 1911 Act. The National Security Act was passed in 2023. If only the shadow Chancellor of the Duchy of Lancaster had been in the Cabinet Office to be close to what was going on; perhaps the legislation could have been changed at an earlier stage and we would not be in this position.

Let me be clear with the House: the allegations of political interference in this case are absolutely baseless. The CPS decision to discontinue the case was independent of Government. Indeed, the Opposition should ask what the Director of Public Prosecutions himself said about that; he reiterated it again yesterday when he gave evidence, sitting alongside Tom Little KC.