PARLIAMENTARY DEBATE
Official Secrets Act Case: Witness Statements - 16 October 2025 (Commons/Commons Chamber)
Debate Detail
Following the Security Minister’s statement to the House on Monday, the Prime Minister updated Parliament yesterday, following the Crown Prosecution Service’s clarification that the Government were able to publish the witness statements of the deputy National Security Adviser. As the Prime Minister said in the House, he carefully considered this matter and, following legal advice, decided to disclose the witness statements unredacted and in full.
I reiterate that, as the Prime Minister said yesterday, under this Government no Minister or special adviser played any role in the provision of evidence. The Prime Minister cannot say whether that was the case under the previous Government, but I once again invite the Conservative party to clarify that.
Having now had the opportunity to read the statements, Members will be able to confirm for themselves what the Prime Minister and other members of the Government have stated repeatedly: the DNSA faithfully, and with full integrity, set out the position of the previous UK Government and the various threats posed by the Chinese state to the UK, and did so in order to try to support a successful prosecution.
The first and most substantive witness statement is from December 2023, under the last Government. The second and third, which are both much shorter, are from February and August 2025 respectively. It is clear from these statements that the substantive case and evidence submitted by the DNSA does not change materially throughout, and that all three documents clearly articulate the very serious threats posed by China. The second witness statement, in particular, highlights the specific details of some of the cyber-threats that we face, and emphasises that China is the “biggest state-based threat” to the UK’s national security. The third statement goes on to state that the Chinese intelligence services are
“highly capable and conduct large scale espionage operations against the UK to advance the Chinese state’s interests and harm the…security of the UK.”
It is clear from this evidence, which all can now see, that the DNSA took significant strides to articulate the threat from China in support of the prosecution. The decision on whether to proceed, as the Prime Minister made clear yesterday, was taken purely by the CPS. It is also clear that the three statements are constrained by the position of the Conservative Government on China at the time of the alleged offences.
As the Prime Minister said yesterday and the Security Minister said on Monday, this Government’s first priority will always be national security and keeping this country safe. We wanted this case to proceed. I am sure all Members of the House did, and I know you did too, Mr Speaker. We are all profoundly disappointed that it did not.
Nobody is disputing that there is plenty of evidence. The witness statements are shocking. They tell us that China is conducting “large scale espionage operations”. Cash is said to have told Berry in a message,
“you’re in spy territory now”.
Yesterday, Government sources briefed The Guardian that the “civil service decided” that decisions
“should be done independently of ministers”.
No, no, no, Mr Speaker. The civil service does not get to decide anything; Ministers decide. The Prime Minister was not some helpless captive, unable to make sure that the CPS had what it needed. He knew, and he decided not to help. Why?
Let us come back to the evidence that was provided. The Prime Minister said yesterday that he was utterly constrained by the position of the previous Government, and every expert had already contradicted the PM on this. However, we can now see that the two witness statements from this year did state the position of the current Labour Government—a direct contradiction of what the Prime Minister said yesterday. The evidence includes lines from Labour’s manifesto, and they weaken the case. They make it less clear that China is a threat to our national security. That is one of the things that changed.
The Sunday Times reported on a meeting convened by Jonathan Powell with the permanent secretary of the Foreign Office to discuss this case. Until yesterday, the Government said that that was just made up. Now they admit that it happened, but they still will not come clean about what happened in that meeting, or any other meeting.
In conclusion, this House needs to know what was asked for by the CPS and why it was refused, and we must see all the correspondence and the minutes. If the Government will not publish the China files, people will ask: what have this Government got to hide?
On transparency, the Security Minister has given two statements to this House. The Prime Minister gave what I think we can all agree was a rather lengthy statement yesterday, and he used the pretty unusual process of publishing the evidence in full yesterday, so transparency is something the Government are trying to provide.
The key point the shadow Minister made was about why the Prime Minister or Ministers did not interfere or try to do so. As the Prime Minister made clear yesterday, this was a matter for the CPS independently, and an important principle of this Government—[Interruption.] Evidence was provided independently by the deputy National Security Adviser. The Prime Minister made it clear, and this is the bit I find confusing—[Interruption.]
In terms of the evidence in the three statements put forward yesterday, there is clear consistency across them. They all set out the very, very serious threats that China poses. I do not think anyone can think that that is not the case. [Interruption.] It was provided independently by the deputy National Security Adviser without interference from anyone else. They are his words. It is his choice what happens, and that is what happened.
We have been through this several times—on Monday, yesterday and today. The Prime Minister has provided the evidence. It is there for Ministers and Members to see. Ultimately, the decision was taken by the CPS not to proceed and we are all disappointed in that.
I will just make one final point. Obviously, the CPS decision was not based purely on the evidence put forward by the DNSA. It was based on much wider evidence collected over a much longer period, so the decision on whether to proceed was taken by the CPS on a much broader evidential basis.
Did the CPS tell the Government in advance that the case was at risk of collapsing? Did it ask the Government to be more explicit in their wording, and if so, why were the Government not more explicit? Will the Minister commit today to a statutory independent inquiry, which would provide radical transparency and ensure that the right lessons are learned so that this does not happen again?
In terms of future inquiries, I should have said to my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) that this is an issue Select Committees will want to look at as well. There is a normal process for that, but I am unable to go beyond that today.
“It is important for me to emphasise…that the UK Government is committed to pursuing a positive relationship with China to strengthen understanding, cooperation and stability.”
Why did the deputy National Security Adviser think it was a good idea to include that in the statement?
The first is the one just asked by the hon. Member for Widnes and Halewood (Derek Twigg). Given that it was clear at the point when the deputy National Security Adviser made his second and third statements that the question he was being asked to comment on was whether that bar of being a national security threat was met or not, what is the possible relevance of the inclusion of information about China as an economic opportunity? Surely the Minister and the Government can see that that only weakens the substance of the question that that witness was being asked to answer. It would be useful to understand whether the DNSA came to that view on his own or had it suggested to him that that would be a useful thing to include.
The second question is this. The Government have been clear—the Minister has been today, and the Prime Minister was yesterday—about how disappointed they are at the outcome of the trial and how much they wanted the prosecution to proceed. Given the length of time and the number of requests received by the CPS, surely it would be logical to assume that the Government would be straining every sinew to find extra evidence to meet the CPS’s requirement. Whether they thought the CPS was right to ask for it or not, it was clear that, with that extra evidence, the CPS would have proceeded with the case as the Government say they wanted. What evidence can the Government provide to us that every sinew was strained and that they did everything they could to find that evidence? If that evidence is in fact available and others could find it, will the Government not have some explaining to do?
“directly or indirectly useful to an enemy”.
It does not say that it is an offence to directly or indirectly pass to an enemy information that would be useful. The difference is that in the first, it is the usefulness of the information that constitutes the offence—it might be passed to any unauthorised person. In the second, it is the passing of it to an enemy that constitutes the offence. By using the second interpretation, it is therefore possible to argue that unless the person the information was passed to was an enemy, no offence was committed. That, it would seem to me, is how the two men had the case dropped. In fact, by passing it to a person not authorised to receive it, friend or foe, they had allowed it to circulate outside of the UK Government’s control, where it could then be obtained and used by an enemy—surely that is what the Act sought to criminalise. If the Minister agrees, is he satisfied that the wording of the Act is as it should be, or does he think that the prosecution was dropped erroneously?
“would never compromise national security”.
How can the Government give any consideration to approving the Chinese super-embassy, which would give extraordinary capability to China to continue to expand its espionage activities and to target Hongkongers on British soil with its transnational repression?
I feel nothing but fondness for the Minister in his place, and I am very sorry that he has been sent out on what is not quite his first outing, but pretty close—[Interruption.] Oh, it is his first outing! He has been sent out on his first outing to defend the indefensible. He now has the position in which he effectively has to say that he is not a politician, but a bureaucrat, that there is nothing he can do, and that frankly he should not even be here in the first place, because that seems to be the Prime Minister’s line. Former Attorneys General have got up and prosecuted on the state’s behalf. This Attorney General and this Prime Minister have said, “Not on my watch—not worth the effort.”
The Prime Minister answered this question yesterday. I fully appreciate how personally this affects the right hon. Member, his constituency and his office. I do understand that, and I am genuinely not trying to play politics. I see his eyebrows raised at that, but I am genuinely not. I am trying to tell the story of how this situation has progressed and to reiterate from the Dispatch Box the point that the Prime Minister made yesterday and the Security Minister made on Monday, which is that the Government’s position—as it has been under successive Governments, but particularly under this Prime Minister—is that there will be no interference with the CPS in the process of this, and that every effort was made to try to deliver evidence to support its case when it was asked for.
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