The following Answer to an Urgent Question was given in the House of Commons on Thursday 16 October.
“I thank the honourable Member for the Question and for the opportunity to respond to it today. I appreciate how serious and personal this is for the honourable Member, who, like other Members of this House, is sanctioned by China and/or named in the witness statements.
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”.
My Lords, can the Minister answer whether the 1 September meeting, as reported by the Sunday Times, between senior officials and intelligence chiefs in the Cabinet Office, and reportedly chaired by the National Security Adviser, Jonathan Powell, discussed the China espionage case and what evidence should be provided to the CPS? Will the Minister confirm whether the National Security Adviser provided a written update or Box note to the Prime Minister? If she can establish whether one exists, will she publish it with the related correspondence between the Cabinet Office, the CPS and No. 10?
I thank the noble Baroness for her question. It is our third such outing on matters pertaining—well, our second, but the third in a week. To confirm, the meeting on 1 September was a discussion with the National Security Adviser about the management of the court case as it continued. There was no discussion of anything other than what would happen during the progression of the court case. Although I am sure all noble Lords have had various dealings with the person who suggested that a Box note was provided, I am not sure how he would know of such a Box note, seeing as no Box note existed. No briefing note whatever was provided from the National Security Adviser to the Prime Minister, nor was there any conversation about the case.
My Lords, this case seems to boil down to the binary political question: conspiracy or cock-up? The Government vehemently deny conspiracy, so they must believe it is a cock-up. But where and how did this happen, and how will the Government find out this fact? A Joint Select Committee plans to investigate, and I am sure that the ISC will too. Will the Government co-operate fully and quickly with these inquiries and undertake to publish everything possible that arises from them?
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.
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?
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.
Can the Minister clarify for the record that anyone invited to appear before any of these committees, including the DPP, the National Security Adviser and, if necessary, the Prime Minister himself, will attend?
The noble Lord is aware that I cannot speak on behalf of the DPP, and while I wish I was in charge of the Prime Minister’s diary, no one has given me that responsibility. However, to be very clear, we expect full co-operation and that everybody invited to attend will give appropriate evidence as requested by the committee.