Judith Cummins
Main Page: Judith Cummins (Labour - Bradford South)Department Debates - View all Judith Cummins's debates with the Cabinet Office
(2 days, 8 hours ago)
Commons Chamber
Peter Swallow
As has already been set out, the threat from China has evolved over time. I would have loved it if the previous Labour Government had amended the Act, but it was the Conservative party that held a consultation, and then sat on the results for eight years and did nothing.
If the hon. Gentleman does not mind, I will not, because I will not get another minute, and I want to make some progress and allow other colleagues to speak.
The director general’s speech was explicit. The Security Service is very clear-eyed about the national security threat from China, even though Ministers might be tempted, arguably, to recalibrate and put economic interests over the UK’s national security interests. I wonder whether there might be other factors at work here, too, including underlying vested interests and competing interests between different parts of Government, and even some conflicting personalities. We do not have time to go into that today. Today’s debate is rightly focused on whether politics got in the way of national security.
A wider question might be why a political adviser was appointed to the role of National Security Adviser in the first place, as my right hon. Friend the Member for New Forest East (Sir Julian Lewis) said. Perhaps there is something to see here. The current National Security Adviser has wide and vast experience, and I pay tribute to him for his important role in the Northern Ireland peace process and other peace-brokering exercises he has done around the world. There is absolutely no doubt that he is a long-standing, distinguished civil servant, but the fact that an outsider, rather than insider, became the National Security Adviser might be an issue as well. Some may see that as a strength, but today’s proceedings might suggest that it could be a weakness in this case. There is a question mark about that, of course.
Back to China. The conclusions and recommendations of the Intelligence and Security Committee’s inquiry on China talk about proper oversight. We need to ensure that, for example, the investment security unit has proper oversight by the ISC, because if there was ever a place where it was likely that politics would conflict with the economic interests of this country, it was that unit. That is absolutely critical. When politics gets too close to professional, cool, calm intelligence judgments, the situation will always be fraught with danger, as this country witnessed with the Iraq war. In conclusion, when—
Several hon. Members rose—
I will be starting the Front-Bench contributions at 6.40 sharp.
Jim Allister (North Antrim) (TUV)
Among all the finger-pointing in this House, there are some immutable facts, and one is that in the spring of 2024, the evidential burden to bring a prosecution was met, because the CPS levelled a charge that the two individuals were guilty under the 1911 Act of having information capable of assisting an enemy. The first point is that a deficiency in the 1911 Act is not the problem, because the CPS was capable of bringing the charge. The second point is that to bring the charge, the evidential tests for bringing a prosecution had to be met: that there was a reasonable prospect of conviction and that it was in the public interest.
The unanswered question in all this is what happened between the spring of 2024 and September 2025, when suddenly the same evidential test was not met. What changed? It was met, or the charges could never have been brought, but suddenly it was not met and the charges were dropped. It seems pretty clear from what has been said to a Committee of this House that what changed was that the Government backed off in their evidence as to what would establish whether China was an enemy.
The Government were assisted in the meantime by the Bulgarian case, where the Court of Appeal refined “enemy” to “posing threat or threats”. Indeed, the Court said it was a matter of common sense as to whether something or someone was an enemy. There is no greater jury question than to decide whether or not something is common sense. The prosecution looked easier after the Court of Appeal decision, not harder, yet the prosecution was dropped. That is yet to be explained to this House. It seems to me that it can only be explained by the Government’s failing to come up to proof. Since they had come up to proof to bring the charge in the first place, they obviously retreated. We can talk around this as much as we like, but that seems to me to be the immovable reality of the situation.
There are, of course, issues here about the equivocation of the Government towards China, but it is an equivocation that is even infecting devolution. Coming up in Northern Ireland is a co-sponsored conference between the Chinese Government and the Sinn Féin Economy Minister to talk about infrastructure and investment. I say to this Government that they need to take a long, hard look at the way in which devolved institutions, particularly in Stormont, are playing footsie with the Chinese Government.
My hon. Friend the Member for Rugby (John Slinger) nailed the myths, I thought very effectively, in his contribution. The right hon. and learned Member for Torridge and Tavistock (Sir Geoffrey Cox) described his duck. It felt as if his contribution was as much aimed at the DPP and the CPS as at the Government, but it was engaging none the less. My hon. Friend the Member for Rochdale (Paul Waugh) raised important points about some of the critiques that have been levelled, and I agree with him about trying to establish cross-party consensus.
The right hon. Member for Chingford and Woodford Green spoke about the nature and the description of the threats we face from China. Let me say to him that it is completely unacceptable that he and other Members of this House are sanctioned, and I give him an absolute assurance of the seriousness with which this Government take those particular threats. My hon. Friend the Member for Bracknell (Peter Swallow) spoke about transnational repression. He has raised it previously, and I can tell him that the defending democracy taskforce has concluded a review, and the Government have developed a range of support and security mechanisms. Most importantly, however, we condemn any malign activity towards anyone here in the UK.
The right hon. Member for The Wrekin (Mark Pritchard) spoke about the work of the ISC, and he was right to do so. The Government welcome the work of the ISC in looking carefully at the circumstances of this case, as we do the important work of the JCNSS. I thought my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) made the really important point that, given the concerns that have rightly been expressed right across this House about what has happened, we should be trying to seek to work together and establish a consensus. I thought he made that point very powerfully.
Time is running short, so let me say to the House that national security is the first duty of this Government. That is why we oppose the Opposition’s motion, which would see the release not only of information subject to legal professional privilege, but of information vital to the security of the United Kingdom, including advice to the Prime Minister. Successive Governments, including the previous Government in which the shadow Home Secretary served as a Minister, have maintained that position. This is not a question about parliamentary scrutiny. We welcome the ongoing process with the JCNSS, and we look forward to continuing to work with it, as we do with the ISC. This Government will continue to develop a consistent and pragmatic approach to economic engagement, but without compromising our national security.