China Spying Case Debate

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Department: Cabinet Office

China Spying Case

Gregory Stafford Excerpts
Tuesday 28th October 2025

(1 day, 22 hours ago)

Commons Chamber
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Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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I took interventions from the shadow Home Secretary, and I must now make some progress.

Before finalising his statement in December 2023, the deputy National Security Adviser sighted the then National Security Adviser and the then Cabinet Office permanent secretary. On 18 December—this was all under the previous Government—the permanent secretary came back with three comments for the DNSA to consider. The DNSA then finalised the statement, and his private office sent a final version of the draft to the then Prime Minister through the No. 10 private office and No. 10 special advisers. Once the statements were submitted they were not shared, and in April 2024, formal charges were laid. That was the position under the previous Government.

Two supplementary witness statements from the DNSA were submitted in February and August 2025, following requests from Counter Terrorism Policing for further detail on the nature and extent of the threat to the UK from China. For the second statement, CTP specifically asked the DNSA to comment on whether China as a state, during the period from 31 December 2021 to 3 February 2023, posed an active threat; and whether that remained the case. For the third statement, CTP requested that the DNSA provide further points of detail regarding the UK Government’s assessment of the nature and extent of the threat, with examples. The DNSA faithfully and with full integrity—I noted that the shadow Chancellor of the Duchy of Lancaster implied that somehow he was not compliant with part 35 of the civil procedure rules—set out the various threats posed by the Chinese state in line with the UK Government’s position at the material time, in order to try to support a successful prosecution. We then come, obviously, to the meeting on 1 September to which the shadow Chancellor of the Duchy of Lancaster referred, and with which I shall deal in a moment.

I was fascinated by the opening speech of the shadow Chancellor of the Duchy of Lancaster, in which he talked of the “clarity” of the last Government’s position.

“The government’s approach to China is guided by three pillars: strengthening our national security protections, aligning and cooperating with our partners, and engaging where it is consistent with our interest.”

Who said that? The shadow Chancellor of the Duchy of Lancaster did in 2023, and here he is now trying to talk about the clarity of the position in 2023.

Gregory Stafford Portrait Gregory Stafford (Farnham and Bordon) (Con)
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Will the Minister give way?

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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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.

--- Later in debate ---
John Slinger Portrait John Slinger (Rugby) (Lab)
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I will do my best, Madam Deputy Speaker.

Conservative Members are being nothing short of opportunistic and are playing political games with our national security. It is, of course, their job and their right to oppose what the Government are doing, but on issues of national security I would have thought there could be more appreciation of the national interest and the nuances involved.

In my speech I am going to do some myth-busting—quite a useful thing to do in this age of misinformation, disinformation and hyperbolic chest-thumping. What we are seeing is a somewhat phoney, but very definitely opportunistic, brand of national security patriotism. Frankly, if ever over-inflated balloons of confected outrage needed to be burst, it is today. So, I will bust two myths and state two truisms.

Myth No. 1: a narrative that the Tories try to push is that Labour prioritised a strategic relationship with communist China. However, the Government fully recognise that China poses a series of threats to UK national security, from cyber-attacks to foreign interference and espionage targeting our democratic institutions. The true fault lies with the previous Government. The right hon. Member for Braintree (Sir James Cleverly), the then Foreign Secretary, said in April 2023 that summing up China in one word as a “threat” was

“impossible, impractical and—most importantly—unwise”.

The Leader of the Opposition, while serving in the Cabinet, also said:

“We certainly should not be describing China as a foe”.

Now that this trial has collapsed, they are accusing this Government of interfering, when it was their carefully worded Government policy that did not define China as an “enemy”—and there is nothing that present Ministers can do to change that.

Gregory Stafford Portrait Gregory Stafford
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I would urge the hon. Gentleman not to misquote the two right hon. Members that he has just quoted. Even if the quotes that he gave were whole and full—which they are not—the DPP has categorically said that it was not about policy; it was about whether China was an actual threat at the time. Is the DPP right, or does the hon. Gentleman have some other information?

John Slinger Portrait John Slinger
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I do not have any other information on that point, but I do believe that Conservative Members ought to look in the mirror and acknowledge the decisions taken by the previous Government. Let me turn to myth No.2—