Security Update: Official Secrets Act Case

Judith Cummins Excerpts

Monday 13th October 2025 Commons Chamber

[Dan Jarvis]

I find it genuinely astonishing that at no point did the Leader of the Opposition acknowledge that all the acts that we have been talking about this afternoon happened when she was in government, on her watch.

I believe that it is important to discuss these matters in a fair and reasonable way, so I particularly made sure that the right hon. Lady had early sight of the statement, to give her ample opportunity. She has clearly not read the statement—she either did not read the statement or did not listen to what I have said, because she has asked me a number—[Interruption.]

[Madam Deputy Speaker (Judith Cummins)]

Order. This statement is very important, both to me and my constituents. Please let us hear the Minister.

[Dan Jarvis]

I took every opportunity to give the right hon. Lady as long as I possibly could so that she could look at the points that we were seeking to raise today. But she has asked me questions that I answered in my earlier responses. I say that to her because it is important that we seek to discuss these things in a reasonable way. Matters relating—[Interruption.] The hon. Member for Harborough, Oadby and Wigston (Neil O'Brien) guffaws from a sedentary position, but I think it is important that we should seek to discuss matters relating to national security in a reasonable and consensual way. That is the approach of this Government.

I am genuinely really sorry that the right hon. Lady has taken the opportunity to make a whole series of baseless smears this afternoon. Perhaps we should not be too surprised: the statement that we have heard from the Leader of the Opposition is sadly typical of what we have heard from some of her colleagues in recent days. For days, the Conservative party has been making baseless claims that the Government deliberately collapsed an independent legal process through political interference. There is not a shred of evidence to back up any of the accusations that she has made. I do not think that is a responsible way to discuss matters of national security.

I remind the Leader of the Opposition that, whatever Members might say this afternoon, we are here today because of legislation and policy that existed under the previous Government. The Leader of the Opposition referenced the letter that she had written to the Prime Minister. We want to respond to her in a timely fashion, so I will now respond to the points that she made to the Prime Minister. In case she has forgotten, it was she herself who said in September last year:

“I have shied away from calling China a threat”.

She articulated the previous Government’s policy as Business Secretary, saying in September 2023:

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

Those are the right hon. Lady’s own words.

Opposition Front Benchers have raised a number of questions, including in the letter published by the right hon. Lady earlier today. I am very happy to set out the Government’s response to her questions. First, on the question of what Ministers knew about the Government’s interactions with the CPS, Ministers were aware that evidence was being provided by the deputy National Security Adviser to the CPS as it built a case for prosecution, as was first agreed under the previous Government. Ministers and special advisers did not take decisions about that evidence and they were not cited in the contents. The deputy National Security Adviser was given full freedom to provide evidence without interference, as was the case before the general election.

Secondly, the right hon. Lady asked in her letter whether the Prime Minister was briefed by Ministers or the National Security Adviser about the case. The Prime Minister has already confirmed that he was briefed on the case by officials, not least because the case began under the previous Conservative Government.

Thirdly, there have been various reports alleging that in a meeting in September, the National Security Adviser ruled that China could not be defined as a threat and took decisions relating to witnesses or evidence. That is simply untrue. Of course, the NSA takes part in discussions about national security and diplomatic relations—that is literally his job. But any discussions were on the basis that the case would be going ahead and about how to handle the implications. The National Security Adviser was not involved in any decisions about the substance of the evidence. That means, to answer the fourth question raised by the Leader of the Opposition, that he made no decisions about the content of any evidence—[Interruption.] Hon. Members have asked for a thorough explanation and I am giving it to them; they might pay the House the courtesy of listening to the responses.

The National Security Adviser made no decisions about the content of any evidence relating to the case itself. This was a matter for the deputy National Security Adviser—a hugely experienced, highly capable senior official who provided evidence under the previous Administration.

On questions about when I and other Ministers were aware that the case would not be proceeding, I should say that Ministers were informed after the DPP had made his decision and shortly before reporting restrictions were lifted. Hon. Members will note that I came to the House straight away to make a statement.

Finally, on whether it might still have been possible to argue successfully in court that China was a threat regardless of the previous Government’s position not to do so, that was a judgment for the Crown Prosecution Service. However, the deputy National Security Adviser provided evidence reflecting the threats posed by China as the CPS built its case. On the comments, referenced by the right hon. Lady, made by two former Cabinet Secretaries, I note that they have both remarked that the Official Secrets Act was not fit for purpose. Of course, if the Conservatives had been swift in replacing it, we would not be here today.

Safeguarding our national security is the most fundamental responsibility of this Government. In 14 years of rule, the Conservative party was slow both to update our national security laws and to adapt to the national security realities that we face today. If we followed the Conservatives’ approach—to ignore and refuse to engage with China—that would undermine our national security. On this side of the House, we will always defend our national interest.

[Madam Deputy Speaker (Judith Cummins)]

I call the Chair of the Foreign Affairs Committee.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

May I begin by expressing solidarity with the two previous Conservative Chairs of the Foreign Affairs Committee, who would seem to have suffered from having Chinese spies in their offices? That must have been very distressing, upsetting and threatening.

The DPP’s claim of needing further evidence from the Government and decision not to publish the China audit has, I think, become conflated and resulted in a great deal of muddle and confusion, and allegations that the Government are soft-pedalling on China. Before we disappear down that rabbit hole, may I take us back to basics? As I understand it, these men were charged with an offence under section 1(1)(c) of the Official Secrets Act: to pass on information that

“might be…directly or indirectly useful to an enemy”.

When the Crown Prosecution Service was building its case, presumably it had a witness and presumably that witness was the deputy National Security Adviser, who was there to answer this question: is China an enemy? Without that evidence, there was no point in charging the men in 2024. What has changed since 2024? We are told that what has changed is that the enemy is now—[Interruption.]

[Madam Deputy Speaker]

Order. This House will listen to the right hon. Member with respect.

[Emily Thornberry]

It seems that there is now case law saying that an enemy is a threat to national security. Frankly, that seems to be a lower test not a higher test. But if, in 2024, there was evidence that China was an enemy and the Crown Prosecution Service had made a decision to prosecute on that basis, I cannot understand why there has been a change now. The only other answer is that the Crown Prosecution Service did not properly assess the evidence before making those charges. Moving away from all the light, heat and fury, it seems to me that those are the central points.

[Dan Jarvis]

I am grateful to my right hon. Friend. She talked about muddle and confusion: she is right that there has been a lot of ill-informed commentary in previous days. That is precisely why the Government have proactively brought a statement to the House to set out the facts of the trial, and I am very happy to be able to do that.

Let me do that again for my right hon. Friend. The DPP has set out the reasons at the heart of his decision not to take this case to trial. He believed that the evidential test was not met. The DPP took an independent decision on the evidence, as was set out in his letter of 7 October. The DNSA did not materially change his evidence and was under no pressure from anyone to do so. As the Prime Minister, her constituency neighbour, has explained very clearly, the current Government’s policy position was immaterial to this assessment. It is only the Government’s policy at the time that the alleged offences were committed that is relevant.

My right hon. Friend will understand that the CPS decision to drop the case was not influenced by any member of this Government, special adviser or senior official. I have been crystal clear about that today. The Director of Public Prosecutions has given his assurance that the CPS was not influenced by any external party. As the Government have already stated, the suggestions that the Government concealed evidence or withdrew or leant on witnesses are all untrue.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Max Wilkinson (Cheltenham) (LD)]

I thank the Minister for advance sight of his statement. Over the weekend, Sir John Sawers became the latest former intelligence chief to express disbelief at the collapse of this espionage case, and our intelligence allies are now also questioning whether the UK can be trusted to counter China’s growing threat. It is vital that we have a clear answer about who in Government is responsible for the failure to bring this case to trial. Sadly, instead of clear answers, over the weekend we have heard Ministers delivering vague and cryptic lines to take.

The nation has a right to understand which figures within Government were involved in the process not to proceed with a prosecution. Given the Minister’s statement that the Government have not concealed the evidence or suppressed anything, will the Minister commit to publishing a timeline showing who knew what and when, and who said what and when? Will he publish correspondence between all officials, politicians and advisers involved with the CPS? If he will do that, we can gain the clarity that we and the British public need.

Will the Minister confirm again, with full confidence, that the Prime Minister, or any individuals who act on his behalf, played no role in any decision to prevent the supply of relevant evidence to the CPS, which might or might not include words of gentle encouragement either way? We must learn the lessons from this appalling episode so that we can have confidence in the ability of our national security laws to protect our interests and protect our democracy. That is our job in this House. This is the only way to provide the British public with the answers that they deserve and demand, and to rebuild the UK’s credibility with Five Eyes allies.

Will the Government commit today to holding a statutory independent inquiry into the China spying case? We know that China poses a clear threat to this country’s interests and values, a view that is shared by Liberal Democrat Members, as well as by our intelligence chiefs. Yet the Government’s approach to this case is only the latest example of their unwillingness to challenge Beijing’s efforts to expand its espionage capabilities in the UK and export transnational repression to our shores.

It is time for the Government to take the steps necessary to protect our interests and those of our citizens. Working with the CPS, will the Government look at all legislative options to prosecute the two individuals involved? Those options are still available. Will the Government block the application for the Chinese mega-embassy? And will the Minister add China to the enhanced tier of the foreign influence registration scheme?

[Dan Jarvis]

I welcome the hon. Gentleman to his new role. As he may know, I am a regular visitor to his constituency and I pay tribute to the important national security work that takes place there. He asked me a number of questions and, with great respect to him, I hope that he will concede that I have responded to a number of them already.

On his point about releasing information, which is an entirely reasonable question, it is not for me to make decisions about the publication of evidence that may be used in any further ongoing legal processes, so I hope he understands the reason that I am unable to commit to doing that at the moment.

I take issue with the hon. Gentleman’s analysis of the Government’s relationship with China, particularly on transnational repression. I hope that he will accept that the Government take that very seriously. We have done a lot of work through the defending democracy taskforce to ensure that we have the right resources in the right place to protect all those who live here in the UK from the impact of transnational repression, but I am happy to discuss that with him further.

The hon. Gentleman specifically raised the importance of our Five Eyes alliance, about which I agree with him. That is precisely why the UK recently hosted the ministerial gathering of the five countries in London, where we cemented our excellent relationship with our Five Eyes partners. As he will know, we share intelligence with them on a very regular basis. That relationship is in good health and has in no way been undermined by recent events.

[Madam Deputy Speaker]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The Government have made it clear that they regret the fact that this case is not going ahead. The Minister rightly says that the CPS acts independently when making charging decisions, but will he go further than regret and say that, as a matter of law and evidence, this prosecution should have gone ahead and that the issue of innocence or guilt should have been determined by a judge and jury?

[Dan Jarvis]

I have a huge amount of time for my hon. Friend. The expression that I used both on 15 September and again today, on behalf of the Government, was that we are “extremely disappointed”. I hope that he will understand, not least given the Select Committee that he chairs, that it is not appropriate for Ministers to give advice to the Director of Public Prosecutions or the CPS on matters of law. The CPS and the DPP are rightly independent of Government. Frankly, we go down quite a dangerous road if we get into a situation of politicians and Ministers seeking to advise them and to influence their decisions. That is not the approach that this Government will take.

[Madam Deputy Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Karen Bradley (Staffordshire Moorlands) (Con)]

There is a real threat at the moment to public trust in the criminal justice system following the collapse of this trial. Will the Minister make a commitment that he, ministerial colleagues and other advisers will co-operate fully with any scrutiny work done by my Committee or other Committees of the House?