This morning, the Crown Prosecution Service decided not to proceed with the prosecution of Christopher Cash and Christopher Berry, who had been charged with espionage for China under the Official Secrets Act 1911. Members right across the House will be aware that the charges related to allegations of Chinese espionage within Parliament and will want reassurance, as will you, Mr Speaker. Many Members will be as extremely disappointed as I am that there will now not be a trial.
The decision not to proceed with this prosecution is an independent one for the CPS to make in its role as the UK’s independent prosecuting authority. However, I want to be clear that the Government remain gravely concerned about the threat of Chinese espionage. Parliament and our democracy are sacrosanct, and any attempt by any foreign power to infiltrate or interfere with parliamentary proceedings is completely unacceptable. With your permission, Mr Speaker, I will therefore set out the measures the Government are taking to tackle any residual risks arising from this case and outline the wider approach the Government are taking to protecting our democracy and countering state threats, including those from China.
The decision of the CPS related to charges under the Official Secrets Act 1911, which was the relevant legislation in force at the time. It is well known that state threats legislation had not kept pace with the changing threats we face. The Official Secrets Act was passed to counter the threat from German spies before the first world war. It referred to espionage as obtaining
“any sketch, plan, model, article, note, document, or information”
that
“might be…useful to an enemy”.
Clearly, that language—drafted well over 100 years ago —does not reflect the types of espionage or state threats we face in the modern day, nor the breadth of states that engage directly in that activity.
For that reason, the UK passed and has now commenced the National Security Act 2023 with cross-party support. That legislation, which replaced the Official Secrets Act 1911, brings new criminal offences and powers to bear against the full range of modern-day state threats. Moreover, the National Security Act is state agnostic, removing the unhelpful “enemy” language from the Official Secrets Act and focusing on the malign activity we are all concerned about.
The Act also introduced the foreign influence registration scheme, which the Government brought into force on 1 July. FIRS encourages transparency, strengthening the resilience of our democratic institutions against covert influence, and gives our intelligence agencies and law enforcement additional tools to detect, deter, disrupt and prosecute state threat actors. It requires that any foreign influence in our democracy, including from China, be declared. We can now be confident that should cases of espionage or state threats be uncovered in the future, we will be in a much better position to prosecute them under the new National Security Act.