Alleged Spying Case: Home Office Involvement

Tuesday 21st October 2025 Lords Chamber

Commons Urgent Question

15:39

The following Answer to an Urgent Question was given in the House of Commons on Monday 20 October.

“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.

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”.

[Lord Davies of Gower (Con)]

My Lords, in response to this Urgent Question in the other place, the Security Minister appeared to do little more than try to shift the blame to the previous Government. He did not answer the question from my right honourable friend the shadow Home Secretary, so I would like to put that question to the Minister here. I would be grateful if he could answer the question without his colleague’s obfuscation. The question quite simply is: when did the Home Secretary become aware of the impending collapse of the case? Also, given that the CPS has said it was given insufficient evidence, did the Home Secretary take steps to provide further evidence?

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to the noble Lord for his question. As he knows, the Security Minister made it clear last week, on 15 October, in Parliament that Ministers were informed after the DPP had made his decision and shortly before reporting restrictions were lifted. He came to the House straightaway to make a statement; self-evidently, I hope that answers the noble Lord’s point.

[Lord Fox (LD)]

My Lords, yesterday my noble friend Lady Tyler of Enfield asked about the personal safety of parliamentarians and campaigners, and their families, whose detailed information has been handed to China’s centre of power. In her answer, the noble Baroness, Lady Anderson of Stoke-on-Trent, acknowledged a duty of care and said:

“I know that direct conversations have happened”.—[Official Report, 20/10/25; col. 486.]


However, I know for a fact that for at least one very prominent human rights campaigner there have been no such conversations at all along these grounds. Given that he was left out, I worry about others. Can the Minister confirm that it is his department that is accountable for protecting people whose information has been leaked in this way? Whatever that answer is, can he undertake that the Government will absolutely ensure that these people are properly protected?

[Lord Hanson of Flint (Lab)]

I certainly give the noble Lord the assurance that this department takes extremely seriously the security of individuals whose personal circumstances have been brought into the public domain in a way which puts them under potential threat from any hostile force at all. I will certainly also take his comments back, and if he wishes to supply privately to me the name of any individual who he believes to be under threat, we will examine their individual circumstances. I hope that gives a reassurance to the noble Lord.

[Lord Robathan (Con)]

My Lords, in the Commons yesterday the issue of the influence of China in general was raised. Can the noble Lord please explain this to us? We have heard the Prime Minister being taped saying that he would call in the embassy application, which he did. Then, according to a senior Chinese official, he said that he invited Britain to

“fulfil its obligations and honour its commitments”.

What are these commitments?

[Lord Hanson of Flint (Lab)]

The noble Lord will clearly know that, self-evidently, certain threats are provided by the Chinese Government. Those threats are well known, well understood and well assessed by the Home Office and other government departments. But China also remains one of the largest economies in the world, and we import and export and deal with China on a number of issues.

[Lord Robathan (Con)]

That is not what I asked.

[Lord Hanson of Flint (Lab)]

I am giving the noble Lord the answer that I will give him to whatever he has asked. I say to him now that we recognise there are certain threats in China, and certain issues with the Chinese Government that we need to address, but we also recognise that China is a major trading partner that we need to work with.

The Home Secretary and the Foreign Secretary have submitted evidence from their perspective about the nature of the embassy. A planning application is being undertaken, which will be considered in due course, following a report by the Secretary of State for Housing, Communities and Local Government. That is the right and proper way to undertake that instance. The Prime Minister is cognisant of the fact that there are opportunities with China, but there are also threats. That is why we have to keep all these matters under constant review. That answer may not satisfy the noble Lord but it is the answer I have given him.

[Lord Beamish (Lab)]

My Lords, as chair of the Intelligence and Security Committee, and on its behalf, I thank the agencies for their very detailed briefing last week on the intelligence behind this incident. We have now decided to have an investigation into the intelligence part of this incident. As a former member of the committee, the Minister knows that we have statutory powers to call that evidence, but could he assure the committee that the Government will fully co-operate with those investigations?

[Lord Hanson of Flint (Lab)]

I welcome the fact that the Intelligence and Security Committee is undertaking its statutory duties to look at these issues. Of course the Government will co-operate fully with the Intelligence and Security Committee and give information on whatever issues are requested.

[Lord Garnier (Con)]

My Lords, the problem for the Government is not the collapse of the spy trial, embarrassing though that may be, but the fact that this story keeps dribbling on from day to day and the Government do not seem to be able to get off the hook.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble and learned Lord. It dribbles on from day to day because Members continue to ask similar questions to those being covered, which they are entirely within their rights to do. He will know that the trial collapsed because the Director of Public Prosecutions and the Crown Prosecution Service deemed that the evidence they had was not sufficient to secure a conviction. That was their decision, made independently of the Government. They made that decision, and that is why the trial has collapsed. Members of both Houses seek to press the Government still further on a range of issues around that, which is their absolute right, but the basic facts are that that is what happened.

[Lord Pannick (CB)]

My Lords, I am one of many Members of the House who is finding it difficult to understand the reasoning of the Director of Public Prosecutions as to why the evidence was insufficient to take this matter to a jury. The DPP is, of course, supervised by the Attorney-General. The noble and learned Lord the Attorney-General is a Member of this House. It would be very helpful to know whether the Attorney-General agrees with the assessment made by the Director of Public Prosecutions.

[Lord Hanson of Flint (Lab)]

I can say to the noble Lord that the Government are extremely disappointed in the outcome of the event not going to trial, but that is not a matter for the Government or the Attorney-General. The independence of the Crown Prosecution Service and the DPP is central. They have taken that decision. I and the Government find it very frustrating, but that is the decision that has been taken. If the noble Lord had expected me or any other Minister to interfere in that decision, we would certainly be quite rightly roasted in this House for interfering with judicial independence.

[Lord Harper (Con)]

My Lords, the reason why the Minister may be a little frustrated that Members of the other place and this House keep asking questions is because he does not give straightforward answers. Let me try to ask again the question that my noble friend on the Front Bench asked: was the Home Secretary aware of the impending collapse of the case before it was made public, and did she or any official or special adviser acting on her behalf take any steps to inquire about whether the Government could strengthen the evidence that was with the Director of Public Prosecutions? It was asked five times yesterday and the Minister answering did not give a clear answer. Can this Minister do better?

[Lord Hanson of Flint (Lab)]

I will always try to give this House a straight answer. Let me give the noble Lord a straight answer. On 14 August this year—the final date for the evidence to be submitted—the evidence was submitted to the CPS by the Director of Public Prosecutions. The current Home Secretary did not take office until after that date and the previous Home Secretary had not seen the evidence. No Minister or special adviser interfered in the decision that was taken by the CPS.

[Lord Harper (Con)]

That is not the question I asked.

[Lord Hanson of Flint (Lab)]

The noble Lord said that it is not the question he asked. I am giving him a response on behalf of the Government that the information supplied on 14 August was the case information. The current Home Secretary, her spads and us Ministers have not interfered with anything to do with that decision. When we learned about that decision we came to inform this House, as my honourable friend did in another place.

[Lord Wallace of Tankerness (LD)]

My Lords, I will ask a question to which I hope the Minister can give me a straight answer. Much has been said in this House, in the other place and in the media, and there has been much speculation. Will he take this opportunity to assert unequivocally that the two men who were charged, and against whom the proceedings were dropped, enjoy and continue to enjoy a presumption of innocence?

[Lord Hanson of Flint (Lab)]

Yes. They have not been charged with or convicted of any offence; therefore, as far as the law is concerned, they are not guilty of any offence. That is the self-evident state of play at the moment. That does not hide the fact that the Government are extremely disappointed that the matter did not go to trial, but that was a matter and a decision for the CPS and the DPP.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, the Government keep saying, and the Minister has reiterated today, “What can we do? We’re as frustrated as everyone else”. From the point of view of the British public, we have allegations of spying on elected MPs and a Government who basically say, “What can we do about the fact that we can’t do anything?” Does the Minister understand that this feels like an impotent response, which is either a cover-up, if you are conspiratorial, or, at best, saying to the British public: “What can we do? Not our fault, guv”. It is frustrating and demoralising, and makes it seem as though the Government have no power or will to resolve this.

[Lord Hanson of Flint (Lab)]

The Government are not saying that there is nothing we can do; we will robustly defend the rights of parliamentarians to be free of spying influence, and robustly defend and work with the intelligence services to ensure that we disrupt and destroy spying efforts on United Kingdom agencies, businesses and parliamentarians. But this case, which would have been brought had the evidence been brought by the CPS, is now gone, as it collapsed due to the decision not to take it forward. I find that decision frustrating, but it does not stop the Government doing their best to ensure that we protect our citizens against malign foreign influence.