Official Secret Act Case: Witness Statements

Lord Carlile of Berriew Excerpts

Monday 20th October 2025 Lords Chamber

[Baroness Anderson of Stoke-on-Trent (Lab)]

The noble Lord raises a very important point. Our Parliament is at its best when it scrutinises the Government, and I am very pleased that the Joint Committee on the National Security Strategy is now undertaking its inquiry. The Intelligence and Security Committee, led by my noble friend Lord Beamish, will also undertake its investigation. How quickly those progress is obviously now a matter for Parliament. I promise noble Lords that both investigations will have our full co-operation and support. We expect this to be done quickly. All information will be given very quickly. I have met with officials today to make it very clear that Government Ministers expect full co-operation.

[Lord Carlile of Berriew (CB)]

Does the Minister agree that the DPP simply got the law wrong in deciding to drop the case? In particular, does she agree that he failed to appreciate that whether China represents a current threat to our national security is a question of fact for the jury, and that he failed to charge as an alternative attempted espionage, available on ample evidence, having regard to the leading case of Shivpuri? Will she tell the House what steps are being taken in the light of those failures?

[Baroness Anderson of Stoke-on-Trent (Lab)]

I thank the noble Lord for his question and his continued interest in these matters. Although the Government share the disappointment that the prosecution could not continue, the DPP’s decision is independent of the Government. Any decision to draw on the Shivpuri case as part of legal proceedings in this espionage case, if relevant, rested solely with the Crown Prosecution Service. However, I reassure the noble Lord that the Government are dedicated to ensuring that the UK has the most robust legal framework possible to tackle foreign interference in espionage, which is why we supported, on a cross-party basis, the introduction of the National Security Act 2023. The Government will continue to keep such legislation under review to ensure that the UK’s law enforcement agencies are equipped to respond to the evolving threat landscape. Indeed, Jonathan Hall KC was appointed in February last year to act as the Independent Reviewer of State Threat Legislation under the National Security Act. I reiterate that there is now parliamentary oversight, with a parliamentary investigation. I hope all noble Lords with the relevant expertise actively seek to participate in the review, as the noble Lord has already.