Alleged Spying Case: Home Office Involvement

Before we come on to the urgent question on the Chinese spy case, I would like to reiterate my remarks from last week. I remain disappointed by what has happened in this case. I am, alongside the Lord Speaker, continuing to seek advice from officials and specialist legal advice on what further steps might be taken to pursue this issue in other ways. While it would be not appropriate to talk in detail about security matters on the Floor of the House, I am also speaking to officials about access arrangements.

(Urgent Question): To ask the Home Secretary to make a statement about Home Office involvement in the alleged China spying case.

I thank the shadow Home Secretary for the question, and I thank you, Mr Speaker, for the opportunity to respond to it today.

As I have repeatedly set out to the House, the Prime Minister, the Home Secretary and the wider Government are extremely disappointed that this case will not be heard in court. I have heard the strength of feeling right across the House and I share Members’ concern about the threats we face from espionage. The witness statements released last Wednesday vindicate what the Prime Minister and other members of the Government have stated repeatedly: the deputy National Security Adviser faithfully, and with full integrity, set out the various threats posed by the Chinese state to the UK, and he did so in order to try to support a successful prosecution.

This urgent question asks about the involvement of the Home Office. Following the charging decision made in early 2024, under the previous Government, the Crown Prosecution Service advised the witness that he could not share the evidence with others in government. The Home Office’s involvement following the charging decision that was taken under the previous Government was therefore heavily restricted to avoid breaching the CPS’s requirements.

Listen to that.

Order. I do not need any help from the Government Front Bench. This is a very important statement that really does affect Members of this House.

As I have repeatedly made clear in this House, Ministers and special advisers were not involved in any aspect of the production of the evidence, and I stand by that statement today. The Prime Minister has also made clear that he was informed of the CPS’s decision only a matter of days before the case collapsed. There is nothing that the Prime Minister or any other Minister could have done at that point that would have changed the law and the policy under the previous Government between 2021 and 2023. Those who have read the DNSA’s statements will know that they clearly articulated the threats posed by China based on the previous Government’s policy at the time, detailing the damage caused by the alleged offences. Ultimately, it was an entirely independent decision by the CPS to discontinue the case, and the CPS has confirmed that it came under no outside pressure to do so.

Like Members from all parts of the House, I remain very frustrated that this case will not be heard in court. We wanted to see the trial go ahead. I have made it clear on many occasions that the decision not to proceed was an independent decision by the Crown Prosecution Service, and the Director of Public Prosecutions has given assurances that there was no Government interference in that decision.

I note that the Joint Committee on the National Security Strategy will be undertaking an inquiry on the case and intends to hold public evidence sessions. The Intelligence and Security Committee has also indicated that it will investigate. We welcome the launch of the inquiry and the investigations, with which the Government will, of course, fully co-operate. I have already set out the range of activity that this Government are taking to combat the Chinese espionage threat, and I hope that that is well understood. Let me also provide the House with the reassurance that the Government will take all necessary action to keep the UK safe and secure.

I call the shadow Home Secretary.

Last Wednesday, the Prime Minister told this House that no Minister or special adviser was involved in the handling of the China spy case, yet The Sunday Times has since reported that the Home Secretary had

“heard that the case might collapse and had made representations to ensure the evidence put forward was as ‘strong as possible’.”

So I ask the Minister: when did the Home Secretary become aware that the case might collapse, and what representations did she or her proxies make about the evidence and to whom? Why has the House been told—including just now—that Ministers and advisers were not involved in any way when The Sunday Times reports that they were?

The Sunday Times also reported on a key meeting that took place on 1 September—a meeting that the Government originally denied took place. Is it true that Jonathan Powell chaired that meeting? Did that meeting discuss the CPS view that the evidence provided to that point was inadequate, and the possibility of providing further evidence in the case? Will the Minister agree to publish the minutes of all meetings in which this case was discussed and the correspondence relating to it?

The Sunday Times reported that following the meeting, the Attorney General’s Office was asked to speak to the CPS. Did anyone from the AGO speak directly or indirectly to the CPS after that meeting? Can the Minister confirm that Dan Chugg from the Foreign Office was at the 1 September meeting, and that it was the same Dan Chugg who approached the Lord Speaker with a proposed deal in which the Chinese ambassador would be allowed back into Parliament? The Sunday Times also reported that the DNSA is understood to have acknowledged privately that the decision not to say that China is an ongoing threat was political in nature. Is that true?

Finally, the current Government’s position has been that all the evidence provided related to the previous Government’s policy, but we now know that that is categorically not true. In paragraph 8 of Matt Collins’s third statement, from August this year, which he copied and pasted from the Labour manifesto, he stressed the importance the current Government attach to a “positive relationship” with China, weakening the evidence compared with 2023 and bringing in current Government policy, contrary to what we have been told in recent weeks. Why have the Government been providing this House with inaccurate information, and why did Ministers know what the CPS wanted but refuse to give it to the CPS?

With great respect, a lot of what has just been said does not actually relate to the urgent question that was initially asked by the shadow Home Secretary. I have to say, the Opposition’s position is confusing. They initially criticised the Government for intervening. Then—[Interruption.] I will answer the question. I am answering it. I think it is important that on these matters of national security, we try to debate things in a reasonable and sensible way. That is the approach that this Government will seek to take. If Members opposite—[Interruption.]

Order. I think we have had enough.

Thank you, Mr Speaker.

The Opposition’s position is confusing. They initially criticised the Government for intervening. Then, when it became absolutely clear that we had not done that, they criticised us for not intervening. They asked for greater transparency, then when we provided it they accused the Government—wrongly—of hanging people out to dry. Given that this urgent question relates to the activities of the Home Office, I am not at all clear why the shadow Home Secretary thinks it is appropriate—given accusations that have been made previously about hanging officials out to dry—to name an official in the Foreign, Commonwealth and Development Office. How does that relate to the urgent question that was asked? [Interruption.]

Order. I think I need to help a little bit. It is in order to mention another Department. You cannot ringfence this and not refer to other people. It might not be comfortable, but the fact is that a question has been asked that is within order, and that is what matters.

I am grateful for your guidance, Mr Speaker. I am simply pointing out to the shadow Home Secretary that Conservative Members have previously criticised Ministers and the Government for, to use their words, hanging officials out to dry, and now the shadow Home Secretary has just named twice an official from the Foreign, Commonwealth and Development Office. [Interruption.]

Order. I have said to the Government Front Bench that I do not need any chipping in. I certainly do not need it from all along the Opposition Front Bench.

I do wonder whether at any point the shadow Home Secretary and certain Conservative Members—not all, but certain Members—have considered the need to have some humility and acknowledge their part in this. These activities took place on their watch, when they were in government, and under the legislation of the time.

Don’t just read that out. Answer the question.

Order. Mr Philp, you have had the benefit of an urgent question. I have had the benefit—some might say—of listening to you, so I want you to have the benefit of listening to the Minister.