Official Secrets Act Case: Witness Statements

Thursday 16th October 2025

(1 day, 18 hours ago)

Commons Chamber
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10:31
Neil O'Brien Portrait Neil O’Brien (Harborough, Oadby and Wigston) (Con)
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(Urgent Question): To ask the Chancellor of the Duchy of Lancaster if he will make a statement on the three witness statements in relation to the alleged breach of the Official Secrets Act on behalf of China.

Chris Ward Portrait The Parliamentary Secretary, Cabinet Office (Chris Ward)
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I thank the hon. Member for the question and for the opportunity to respond to it today. I appreciate how serious and personal this is for the hon. 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.

Tom Tugendhat Portrait Tom Tugendhat (Tonbridge) (Con)
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Stop playing politics! This is about national security, you petty little man!

Chris Ward Portrait Chris Ward
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Having now had the opportunity to read these statements, Members will have been able to confirm for themselves what the Prime Minister and other members of the Government—

Lindsay Hoyle Portrait Mr Speaker
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Order. May I just say—[Interruption.] No, you are going to hear it, whether you like it or not. Mr Tugendhat, I expect better from you. You will be wanting to catch my eye, and this is not the best way to do it. Can we please show a little bit more respect, which I normally get from you?

Chris Ward Portrait Chris Ward
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Thank you, Mr Speaker.

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.

Neil O'Brien Portrait Neil O’Brien
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I should declare an interest as I am named in the witness statements. As someone sanctioned by China, I was shocked to learn that the Prime Minister knew that this case was about to collapse several days beforehand, but chose to do nothing. We now know that the CPS was not far short of what it needed. The Director of Public Prosecutions told MPs yesterday that it was something like 5% short. However, we do not know exactly what the CPS was asking for—what that 5% was. We do not know why the Government would not go that bit further when they were asked to. That is what we need hear from the Minister today: why did the Government not give the CPS what it was asking for?

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?

Chris Ward Portrait Chris Ward
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I thank the shadow Minister for that and, as I say, I do recognise how personally important this matter is to him and to many Members of the House.

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.]

Lindsay Hoyle Portrait Mr Speaker
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Order. Mr Cartlidge, you are very energetic there and even I can hear you from here, so please can we have a little bit less?

Chris Ward Portrait Chris Ward
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This is the bit that I find slightly confusing about the Opposition’s approach. On Monday and today as well, they have accused this Government of political interference, including by the National Security Adviser. The Prime Minister has made it absolutely clear that that is completely untrue. On the other hand, they are saying there should have been political interference, and that the Prime Minister should have directed or tried to help the CPS. The Prime Minister has made it very clear that that is not the case, and that no Prime Minister and no Government would interfere with the CPS on a decision to charge, which is entirely for it to make.

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.

Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Foreign Affairs Committee.

Emily Thornberry Portrait Emily Thornberry (Islington South and Finsbury) (Lab)
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It seems to me that the issue is this: given that all the deputy NSA’s witness statements refer to China as a threat, I cannot understand why the CPS took the nuclear option of collapsing the case rather than leaving it to a jury. Twenty years as a criminal barrister has given me absolute faith that the jury would have spent no time on how many angels can dance on the top of a pin, but would simply have looked at whether or not China was an enemy. They would have found it very easy to decide that that is exactly what it was and then moved on to whether or not these men had been spying on behalf of China. It does seem to me that the decision should have been left to a jury. Does my hon. Friend have any idea why on earth the CPS dropped the case?

Chris Ward Portrait Chris Ward
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As I say, this was a decision taken by the CPS independently, with no interference or involvement from the Government. Members may or may not sympathise with that decision. It was a CPS decision. That is why it is important that the evidence is in the public domain now and that everyone can judge from that how things proceeded.

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.

Lindsay Hoyle Portrait Mr Speaker
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I call the Liberal Democrat spokesperson.

Jess Brown-Fuller Portrait Jess Brown-Fuller (Chichester) (LD)
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Yesterday, we saw finger pointing and “gotcha” moments from both the Government and the Opposition Benches during Prime Minister’s questions, but the release of the witness statements last night provides further questions for both sides, including what pressure was being applied to the right hon. Member for Tonbridge (Tom Tugendhat) and the hon. Member for Rutland and Stamford (Alicia Kearns) from within their own party to dampen down their criticisms of China. This whole thing makes an absolutely mockery of what is a serious collapse of a case and a threat to our national security—a threat that is not going away but will only increase.

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?

Chris Ward Portrait Chris Ward
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I can promise that I will try to avoid all “gotcha” moments and finger pointing. On the question of when the CPS informed the Government, my understanding, and the Prime Minister made this clear yesterday, is that the Prime Minister was informed very shortly before the case collapsed—a matter of days before. That is on the record—it was in the House, if you need to refer to that, from the Prime Minister.

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.

Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Joint Committee on the National Security Strategy.

Matt Western Portrait Matt Western (Warwick and Leamington) (Lab)
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I am pleased that the Government published the witnessed statements last night, but clearly there are a lot of questions yet to be asked in terms of how this came about and what evidence there was that may not have been shared, or perhaps was not asked for. The Joint Committee met this morning to discuss the situation. We will hold a formal inquiry into the issue. Just to remind Members, the Committee comprises the Chairs of the Foreign Affairs Committee, the Home Affairs Committee and the Justice Committee, so we are well covered. We will be holding the inquiry as soon as we possibly can. Will the Minister give his commitment that we will have access to Ministers, civil servants and whoever we wish to come before us?

Chris Ward Portrait Chris Ward
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As I say, parliamentary scrutiny and transparency is something that, despite the allegation, we are trying to provide with statements and by publishing evidence. I am sure, going forward, that that is something that will carry on. I will come back to my hon. Friend on the precise mechanism for how we will do that, but I am sure people will be made available to his Committee.

Lindsay Hoyle Portrait Mr Speaker
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I call the Father of the House.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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Obviously, this is too important for party politics; it is a matter of national security against an existential threat from China. The Prime Minister was clear yesterday when he said that no Minister would ever apply pressure to the CPS, and I completely believe him. But we would like to have clarity that Ministers had no discussions with civil servants and then subsequently civil servants with the CPS. We want to be absolutely clear that there was no ministerial involvement at all.

Chris Ward Portrait Chris Ward
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That is absolutely my understanding.

Derek Twigg Portrait Derek Twigg (Widnes and Halewood) (Lab)
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Paragraph 8 of the 4 August statement says:

“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?

Chris Ward Portrait Chris Ward
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The deputy National Security Adviser was reflecting Government policy at the time. That was his choice of words, and it was his decision to include that. But if we look across the statements, we see there is broad consistency and no material difference on the policy relating to China, which has been pretty much shared across the House.

Jeremy Wright Portrait Sir Jeremy Wright (Kenilworth and Southam) (Con)
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It is now clear that the Crown Prosecution Service asked the Government more than once, over more than a year, for some additional evidence on what the CPS considered to be the crucial question of whether China constituted a national security threat during the relevant period. It seems to me, having read those statements, that at least two important questions arise.

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?

Chris Ward Portrait Chris Ward
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I thank the right hon. and learned Gentleman for the tone of his question. On the first point—[Interruption.] I am so sorry; will he remind me what that was?

Jeremy Wright Portrait Sir Jeremy Wright
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The first question was about why the deputy National Security Adviser included reference to economic opportunity in his statement when he knew that that was not the question he was being asked, nor the relevant question.

Chris Ward Portrait Chris Ward
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I am so sorry; I thank the right hon. and learned Gentleman. That was done to provide broader context of the Government’s position on China at the time, but it was an independent decision—taken freely, without interference from Ministers or advisers—of the DSNA to do so. [Interruption.] It is not my position to account for that. That was his decision, and that was the evidence submitted under consecutive Governments. I am afraid that is all I can add on that point.

Barry Gardiner Portrait Barry Gardiner (Brent West) (Lab)
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May I take the Minister back to the wording of the Act? It says that it is an offence to pass information that would be

“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?

Chris Ward Portrait Chris Ward
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Commenting on whether or not it was dropped erroneously is not something that any Minister would do from this Dispatch Box.

Luke Taylor Portrait Luke Taylor (Sutton and Cheam) (LD)
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I would like to make a broader point about China’s activities in the United Kingdom related to this. The application for the super-embassy is currently on the Government’s desk. As the Minister says, and has been acknowledged, China is a threat and is actively working to undermine our national security. The Secretary of State for Housing, Communities and Local Government said that the Government

“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?

Chris Ward Portrait Chris Ward
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As the hon. Gentleman says, the decision on the Chinese embassy will be taken by the Secretary of State for Housing, Communities and Local Government in due course. It is completely unrelated to this case and anything in it. That is an important point to reiterate.

Ruth Jones Portrait Ruth Jones (Newport West and Islwyn) (Lab)
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I thank the Minister for his responses so far on this important matter. I want to draw his attention to sub-paragraph d) of paragraph 21 of the deputy National Security Adviser’s initial witness statement, in which he references Newport wafer fab, as it was called in 2023. Does the Minister share my concerns that the wafer fab sale could have been adversely affected by this leak of private information, thus jeopardising the livelihoods of good people in my constituency, and what can he say to reassure me and others that this cannot happen again?

Chris Ward Portrait Chris Ward
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I can understand how seriously my hon. Friend and her constituents will take this. If she will permit me, I will get back to her with a substantive answer on that from the team as soon as I can.

Tom Tugendhat Portrait Tom Tugendhat (Tonbridge) (Con)
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May I apologise for earlier outbursts, Mr Speaker? [Interruption.]

Lindsay Hoyle Portrait Mr Speaker
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Order. I am not in the position of needing any advice or help. I have had enough from the Opposition Benches; I do not want it starting on the Government Benches, too. I think we will take it that there was, in fairness, an apology to those on the Front Bench.

Tom Tugendhat Portrait Tom Tugendhat
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May I start by saying briefly quite how this feels, Mr Speaker? My home has been broken into, my files have been ransacked, somebody was put into my office by a hostile state, and the two parties are playing politics with it. This is the national security of the United Kingdom. The people of Tonbridge elected me; they may have chosen wrong, but they did. The people of other parts of the United Kingdom chose everybody else in this House—it is up to them to choose who represents them. Yet here we have two individuals seeking to extract information from us, and the Government’s response is not as mine was: do everything you can to make sure the prosecution works. No, no, it was “process, process”. Well, who the hell’s side are you on? This is not about bureaucracy; this is about leadership. We are not sent here to be civil servants. We are sent here to lead the country and to make decisions.

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.”

Chris Ward Portrait Chris Ward
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Just to say, I have huge respect for the right hon. Member, even if that evidently is not mutual at the moment—let us see if we can get to that place.

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.

Peter Swallow Portrait Peter Swallow (Bracknell) (Lab)
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As the right hon. Member for Tonbridge (Tom Tugendhat) emphasises so emphatically, across the whole House we are appalled by the actions of the Chinese state. I want to go back to the precise law under which the charges were brought. The Act was first introduced in 1911 and the Conservatives set out to review it when they were in Government in 2015, but they did not successfully replace with a law that was fit for purpose until 2023, eight years later. Had the Conservatives got on with the job and replaced the law more quickly, would we be in a different position now?

Chris Ward Portrait Chris Ward
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My hon. Friend invites me to play party politics, and I have promised several times that I am not going to do that. Factually, it is true that if the espionage Act had been updated more quickly and the current Act had been in place at the time, the case would have been able to proceed. That is the case. Decisions were taken not to do that, and I think that is greatly regrettable.

Stephen Gethins Portrait Stephen Gethins (Arbroath and Broughty Ferry) (SNP)
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I welcome the Minister to his place on his first outing— I have to say, I think the Prime Minister owes him a favour. The Minister will understand the need for absolutely clarity, and I know he says that, but given the serious threat that he has said China poses to us, can he be absolutely clear on two issues: first, that there was no ministerial involvement whatsoever in pulling this case, and, secondly, that the Government provided all evidence that they were asked for? I am afraid that just saying “It is my understanding” is not good enough. We need some assurances.

Chris Ward Portrait Chris Ward
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The answer is yes to both.

Bernard Jenkin Portrait Sir Bernard Jenkin (Harwich and North Essex) (Con)
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Given that the deputy National Security Adviser is a civil servant and therefore accountable, who was holding him to account for the job that he was doing? May I just emphasise that I am sure he was doing his level and honourable best in the circumstances in which he found himself, but it is really beyond belief that—as became apparent from the third inquiry, where the Director of Public Prosecutions was asking for a clear statement that China was a national security threat—nobody was capable of telling him, “Well, actually, you’d better say that”? The idea that he was somehow beyond any influence from anybody is laughable. One can only conclude that this conspiracy of omission was something that the Government wanted because they did not want this trial to go ahead.

Chris Ward Portrait Chris Ward
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No, that is really not the case. First, people who have worked with the DNSA will know that he is of the highest calibre and integrity on this matter. He presented evidence under successive Governments on this, devoid of any influence from advisers or Government on this side—I cannot say if that was the case under the previous Government, but I am sure it was. He presented that evidence freely and to the best of his ability under successive Governments.

Richard Foord Portrait Richard Foord (Honiton and Sidmouth) (LD)
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Leaders should delegate responsibility but not accountability. The argument at Prime Minister’s questions yesterday revolved around whether a Minister or a special adviser had influenced the collapse of the case, and it was established that neither Ministers nor special advisers had involvement in the provision of evidence, but does the Minister think it would have been worth Ministers reflecting on the Intelligence and Security Committee’s 2023 China report and requesting sight of the witness statements provided by the senior civil servant before they were submitted? In essence, have the Government sought to delegate to a civil servant responsibility and accountability?

Chris Ward Portrait Chris Ward
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No. It is not the position of the Government, or of successive Governments, to vet witness statements made in such cases. The hon. Gentleman will correct me if I am wrong, but I think that is what he is asking. Across the three witness statements, the deputy National Security Adviser sets out—15 or 20 times; I cannot remember the exact number—clearly and consistently the very serious threats that China poses. On the basis of that, the decision not to prosecute is taken by the CPS.

Nick Timothy Portrait Nick Timothy (West Suffolk) (Con)
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I am slightly baffled by the answer that it is not the job of Ministers to vet witness statements when they are made on behalf of the Government. That is exactly the point; they are accountable. The Prime Minister said that the evidence that was relevant to the case was the previous Government’s China policy, but the statements published last night showed that they were changed to reflect this Government’s China policy. That is not the only way in which the Prime Minister’s story has fallen apart, but on that specific point, what he told the House was not correct, was it?

Chris Ward Portrait Chris Ward
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It was. There was no political interference from the Government in any of the statements made. [Interruption.] It does not matter how many times hon. Members allege it; it was not the case.

Richard Tice Portrait Richard Tice (Boston and Skegness) (Reform)
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Among all the noise of this China spy scandal, my constituents in Boston and Skegness—and the whole British people—want some clarity from the Government. Do they view China as a national security threat—yes or no?

Chris Ward Portrait Chris Ward
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Throughout the evidence, the threats that China poses are set out multiple times. There is complete consistency between the two. Obviously there are very serious threats—I have read them out in my statements.

Andrew Murrison Portrait Dr Andrew Murrison (South West Wiltshire) (Con)
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The deputy National Security Adviser is clear in his evidence that China is the greatest state economic threat to the UK. Does the Minister agree with that? Is he seriously trying to suggest that the deputy National Security Adviser, given what he has said in his evidence, did not clear what he was doing with the CPS with his superiors, Jonathan Powell or Ministers?

Chris Ward Portrait Chris Ward
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Yes, that is exactly what I am saying, the Prime Minister said yesterday, and the Security Minister said on Monday.

Claire Young Portrait Claire Young (Thornbury and Yate) (LD)
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Notwithstanding the decision to drop this case, it is clear that China is trying to undermine our democracy. Will the Government include all Chinese officials, Hong Kong special administrative region officials and Chinese Communist party-linked organisations on the enhanced tier of the foreign influence registration scheme?

Chris Ward Portrait Chris Ward
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I am afraid that I am not across the specific of that in my brief, so I will get back to the hon. Lady.

James Wild Portrait James Wild (North West Norfolk) (Con)
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The Minister knows the Prime Minister well, having been one of his close advisers as well as his Parliamentary Private Secretary. Why, when he learnt that a major trial concerning spying on Members was going to collapse, did the Prime Minister do nothing? Why did he not ask if anything could be done to stop the trial collapsing? Is that what he wanted to happen, and if not, why did he not act?

Chris Ward Portrait Chris Ward
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As I have said many times, the Government wanted the prosecution to proceed and allowed every opportunity for evidence to be provided for it and for the CPS to gather that. The Prime Minister has already stated when he was informed that the trial was in that process. He also made it clear yesterday, in response to the right hon. Member for Tonbridge (Tom Tugendhat), that it is not his position to interfere. The case was then dropped by the CPS independently.

Graham Stuart Portrait Graham Stuart (Beverley and Holderness) (Con)
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The CPS has independence from Ministers; civil servants do not. The whole point of our constitution is that civil servants can never be thrown under the bus because Ministers are responsible. They own everything the civil servants do. There is no carve-out because someone has this high title of being a National Security Adviser. They are a civil servant. It was not once; it happened repeatedly in an iterative process by which the CPS asked for and said there is a gap. What is it? Will the Minister please stop trying to make out that we have a different constitution from the one we have, in which he suggests that somehow Ministers are not responsible for the behaviour of their civil servants when that is the foundation of accountability within our parliamentary system?

Chris Ward Portrait Chris Ward
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I will refer back to what I have said already: it is not the place of Ministers, under this or previous Governments, to be vetting or interfering in evidence on that matter.

Kieran Mullan Portrait Dr Kieran Mullan (Bexhill and Battle) (Con)
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The battle with China is not just an economic one; it is also a battle of ideas about how the state should operate, and the fact that this case has collapsed is making a complete mockery of our arguments about how the state should operate compared with how China does things. I suggest to the Minister that, along with the Prime Minister, he is in danger of inadvertently misleading the House. He has been asked a number of times about the content of the statement in relation to the Conservative party position at the time, and he has insisted that the statements made only reflected the position of the Conservative Government at the time. Will the Minister explain, then, why the exact wording in the Labour party manifesto in relation to China and its role, ended up in that statement?

Chris Ward Portrait Chris Ward
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The wording in that statement was put in there to provide wider context of the situation, but as I have said many times, and I will keep saying it, that wording is provided independently by the DNSA without any involvement from Ministers or political advisers.

Lindsay Hoyle Portrait Mr Speaker
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Were you in at the beginning?

Lindsay Hoyle Portrait Mr Speaker
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Don’t bother wasting my time then.

Alison Griffiths Portrait Alison Griffiths (Bognor Regis and Littlehampton) (Con)
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Can the Minister tell us whether the Attorney General shares the concern of the CPS that there is not enough evidence to prosecute?

Chris Ward Portrait Chris Ward
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I think every Member of the House shares the concern that the case did not proceed, and that there was not enough evidence, but that decision was taken by the CPS.

Bradley Thomas Portrait Bradley Thomas (Bromsgrove) (Con)
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Earlier this week, the Security Minister, the hon. Member for Barnsley North (Dan Jarvis), came to this House and said that the National Security Adviser did not have any links to the 48 Group, a group that promotes economic links between the UK and China. Why did the Minister say that when the National Security Adviser was listed as a fellow of the 48 Group on its website until very recently?

Chris Ward Portrait Chris Ward
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I cannot reply on specifics of the 48 Group; I do not know that. But the National Security Adviser was not involved in any part of this, as the Prime Minister made clear yesterday.

Ashley Fox Portrait Sir Ashley Fox (Bridgwater) (Con)
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The CPS decision not to prosecute leaves our nation less secure. What assurance can the Minister give the House that the Government did everything in their power to ensure that the CPS had the necessary evidence to prosecute?

Chris Ward Portrait Chris Ward
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As I have said several times, this Government did everything they could to support the CPS in that process and to allow evidence to be submitted, but I gently point out again that one of the reasons that this did not proceed was Conservative policy at the time—not materially different from this policy—and the reliance on the 1911 Act.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Minister, what a baptism of fire. As an MP, I understand the beautiful picture that words can paint, but I also understand the damage of ugly words, and unfortunately, I see here the problems that playing with words is leading to. With great respect to the Minister, does he acknowledge that the play on words by the Government and the CPS further erodes trust in Government and that the witness statements may be construed to underline the views of my constituents in Strangford and elsewhere that China is a threat to those in this great United Kingdom of Great Britain and Northern Ireland? Will the Minister meet his Cabinet colleagues to find an open and transparent path to justice, not simply for this but to send a message to the Chinese Government to ensure they accept the sovereignty of this country and this nation and the protections that should and do exist for all those who live here, my constituents and everybody’s constituents?

Chris Ward Portrait Chris Ward
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The hon. Gentleman raises a good point, and I thank him for his kind words in welcoming me. If I can speak as many times in this place as he does, I will be very grateful—[Interruption.] I am not sure anyone really wants that. He makes a very serious point about the threats posed by China and the threats posed to his constituents and all our constituents by that. That is the central message we should be trying to get back to: how the Government can work across the parties and how, with the CPS and others, we can all work to ensure that this kind of thing can never happen again.

Alicia Kearns Portrait Alicia Kearns (Rutland and Stamford) (Con)
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On a point of order, Mr Speaker. Until the statement was published last night, some of us had no idea about the details of this case, but the Government appear to be unwilling to answer three questions that have been asked repeatedly in this Chamber, so can you, Mr Speaker, kindly help me to ascertain how we get answers to them? The first concerns proof that, for the 14 months the CPS asked about, the DNSA at no point spoke to any Ministers or the National Security Adviser. Why, when the Prime Minister was informed that the case would collapse, did he not do everything in his power, and is there any evidence that he took any action at all? And why, if the Government are so disappointed that the case collapsed, have there been to this day no repercussions for the Chinese Communist party, despite the Government in power having every tool in the box to make it clear that we will protect this House, this democracy and this country?

Lindsay Hoyle Portrait Mr Speaker
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I cannot prolong the UQ. I know the hon. Lady well, and I know she will not leave it at that point of order. She will go and use all the options that are open to her, and I am sure that she will be coming back in not too distant a time.

Lindsay Hoyle Portrait Mr Speaker
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I call Tom Tugendhat, who will not keep this debate going.

Tom Tugendhat Portrait Tom Tugendhat
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On a point of order, Mr Speaker. I will not; I am going to raise a different argument, if I may. Given that the Government’s position is that the bureaucrats run the Government and are in charge of everything, may we dissolve this House and save the taxpayer the money, because clearly this is not a democracy any more?

Lindsay Hoyle Portrait Mr Speaker
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I am sure the right hon. Member would not want to give up his seat quite so quickly.

Graham Stuart Portrait Graham Stuart
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On a point of order, Mr Speaker. You have taken a close interest in this issue, Mr Speaker—the fact that it goes to the heart of this Parliament on the protection of Members of Parliament and the secrets that we sometimes hold. I am sure that you will share my concern that someone on their very first outing has been sent out on this issue and that the Prime Minister used yesterday’s Prime Minister’s questions and has not faced proper scrutiny in this House in a statement. May I gently ask whether you would seek to have him make a statement to the House?

Lindsay Hoyle Portrait Mr Speaker
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It is not even a point of order, and you know that—we are keeping the debate going. I do congratulate the Minister and feel sorry that this is his first outing, but I have to say, if you take the pay check, you also take the pain that goes with it.