China Spying Case Debate

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Department: Cabinet Office

China Spying Case

Geoffrey Cox Excerpts
Tuesday 28th October 2025

(2 days, 8 hours ago)

Commons Chamber
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Geoffrey Cox Portrait Sir Geoffrey Cox (Torridge and Tavistock) (Con)
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This has been an interesting experience, almost revisiting ancient times with the right hon. Member for Torfaen (Nick Thomas-Symonds) leading for the Government on this debate. While I have a great deal of sympathy with his position, I cannot sympathise with his rather bland, anodyne account of the events to date. What is clear, and it is an apophthegm often imbibed with one’s mother’s milk, is that if it walks like a duck, quacks like a duck, sounds like a duck, looks like a duck, it is almost certainly a duck.

The problem in this case is that the Government were never prepared to describe that animal as a duck. They must have known from a very early period; indeed, the first senior Treasury counsel said yesterday that, even in August, he had made the point abundantly plain to the Government that unless they reconsidered their approach and described the blasted animal as a duck, the case would go down the pan. There was nothing to prevent the Government, through their expert witness, from saying, “In our view, China was a national security threat in 2021”—nothing at all to prevent that.

Peter Swallow Portrait Peter Swallow
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Will the right hon. and learned Member give way?

Tony Vaughan Portrait Tony Vaughan
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Will the right hon. and learned Member give way?

Geoffrey Cox Portrait Sir Geoffrey Cox
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No, I will not—too short of time.

There was nothing to prevent that because it was a question of fact. The fact is that the Government were not prepared to change their approach. It is a perfectly legitimate point for the right hon. Member for Torfaen to say to me, “Back in 2021, the policy of the Government was not to describe China as an enemy,” but at that time, we had not had the spying, the intimidation, and the direct targeting of this institution and the democratic assembly of our people that we have now seen by 2025. Things have moved on, and it was incumbent upon the Government to reconsider their approach, which was that they would not describe a duck as a duck. The witness was prepared to say, “It has webbed feet, it swims, it quacks, it has a bill—but we are not prepared to call it a duck.”

Are you telling me, Madam Deputy Speaker, that the right hon. Gentleman can look this House in the eye and say that nobody raised this problem inside No. 10 and said, “We have a policy problem. It is a roadblock to this case. What are we going to do about it?”? Is he saying that that was never discussed with the National Security Adviser, that the DNSA never raised that with any relevant Minister? The Attorney General, when he met on 3 September, said, “Well, I couldn’t intervene on matters of sufficiency of evidence.” That is perfectly true; he cannot intervene, but he could challenge. He could say, “What do you need? Is there anything I can do by way of intercession with ministries to ensure that you get the evidence that you require?” But nothing was said. Nothing was said on 3 September because “nothing” was the policy of the Government. It was to wait while this case slid down the slope straight into the pan where no doubt many of the, not inaptly named, mandarins of Whitehall were perfectly content to see it slide.

There is extraordinary cheek in the right hon. Gentleman, who came to this House four or five years ago with his Humble Address when he asked for legal advice—advice on the most sensitive negotiating matters that this country was engaged in with the Berlaymont—to be disclosed for all to see, now saying that we should not see the truth of what in reality the Government were saying and doing at the time.

If it looks like a duck, quacks like a duck, walks like a duck, it is almost certainly a duck, and when I apply it to what the right hon. Gentleman says, it is almost certainly a complete crock of old—

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Follow that, Paul Waugh. I am told that you have four minutes.

--- Later in debate ---
Dan Jarvis Portrait Dan Jarvis
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As the hon. Gentleman knows—I think I may have even said this to him previously, and certainly to the House—China presents a series of threats to the Government. I will say a little bit more about that.

As time is short, I want to focus on the DNSA and the evidence that he has given, because that is important for the House. The DNSA confirmed to the JCNSS yesterday that he used language from an answer to a parliamentary question in his third statement, in which he provided the current Government’s position as context, as had been requested. The DNSA’s third statement was written in a way that ensured consistency with his first two statements.

For the sake of clarity, I will say it again: the current National Security Adviser had no role in either the substance of the case or the evidence provided. There has been misreporting, speculation and fabrication about the officials’ meeting that the National Security Adviser chaired on 1 September—the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) mentioned it just a moment ago. I can tell him and the House that a meeting of senior officials took place on 1 September to discuss the UK’s relationship with China. The meeting was specifically set up to provide—

Geoffrey Cox Portrait Sir Geoffrey Cox
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Will the Minister give way on that point?

Dan Jarvis Portrait Dan Jarvis
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Let me just finish my point. I will come back to the right hon. and learned Gentleman if time allows.

The meeting was specifically set up to provide the FCDO with an opportunity to discuss—at an appropriately senior official level; no Ministers attended the meeting—what the approach would be to handling engagement with China across a range of scenarios related to this case, as well as in relation to wider issues that would come up. Those who attended the meeting were operating on the basis that the trial would go ahead at the start of October.

Dan Jarvis Portrait Dan Jarvis
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I am going to make a bit of progress, because time is against me.

Meetings such as this are a routine part of the NSA’s role.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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Will the Minister give way?

Geoffrey Cox Portrait Sir Geoffrey Cox
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The Minister did say he would give way to me.

Dan Jarvis Portrait Dan Jarvis
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I am going to make a bit of progress, because time is against me.

Meetings such as this are a routine part of the National Security Adviser’s role of co-ordinating Departments across Government.

Geoffrey Cox Portrait Sir Geoffrey Cox
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Will the Minister give way on the question of who was present?

Geoffrey Cox Portrait Sir Geoffrey Cox
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Why was the Attorney General’s Office represented and present? If the meeting had nothing to do with the case, why was the Attorney General’s Office present through its representative?

Dan Jarvis Portrait Dan Jarvis
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Simply because a number of Departments were represented at this meeting, as would normally be the case.

Geoffrey Cox Portrait Sir Geoffrey Cox
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The Attorney General’s Office has nothing to do with foreign policy.

Dan Jarvis Portrait Dan Jarvis
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The right hon. and learned Gentleman served in a Government a number of years ago. I can give him an assurance that this Government work collaboratively across Government with other Departments, and therefore it seems to make perfect sense that other Departments would be represented at such a meeting.

I will try to reflect some of the points that have been made in this debate, including the point from the shadow Home Secretary, who asked specifically about the Home Secretary. I can tell him and the House that no Minister—no Minister in this Government—was involved in any aspect of the production of evidence.