Official Secrets Act and Espionage

(Limited Text - Ministerial Extracts only)

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Monday 8th December 2025

(1 day, 10 hours ago)

Lords Chamber
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Baroness Finn Portrait Baroness Finn (Con)
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My Lords, the report from the Joint Committee on the National Security Strategy describes the handling of the Cash and Berry case as “shambolic” and highlights serious systemic failures and deficiencies. The report raises serious concerns about the ability of the Government to pursue those who want to undermine our security. The chair of the committee, a Labour MP, has urged the Government to show the public that they are confident in standing up to adversaries when required. Will the Minister commit to responding to and implementing the key recommendations of the report? Can she now confirm that the Government accept the conclusion of this report that there was clear evidence that China poses a threat to the UK’s national security?

Baroness Anderson of Stoke-on-Trent Portrait Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)
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I thank the noble Baroness for her questions. I join her in thanking the Joint Committee on the National Security Strategy for its scrutiny and its work in shining some light—where there has been a great deal of heat—on what actually happened. On the key points that she has raised, we will reflect on the committee’s findings and I look forward to debating them with her across this Dispatch Box in due course when we come forward with our response to the report. I remind her of the Prime Minister’s comments at the Lady Mayor’s banquet last Monday about our position: China

“poses real national security threats to the United Kingdom … It’s time for a serious approach, to reject the simplistic binary choice. Neither golden age, nor ice age”.

He said:

“So our response will not be driven by fear, nor softened by illusion. It will be grounded in strength, clarity and sober realism”.

Baroness Tyler of Enfield Portrait Baroness Tyler of Enfield (LD)
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My Lords, rather than simply blaming outdated espionage laws, does the Minister agree with me, as a member of the Joint Committee, that, given the parallels in the new legislation, they will need to be carefully handled to prevent a similar outcome happening again? What assurances can she give that these lessons will be learned and acted upon? Is she able to cast any light on the fact that it took eight months for the second witness statement from the Deputy National Security Adviser to emerge—the reasons for which, the report of the committee said, were very obscure?

Baroness Anderson of Stoke-on-Trent Portrait Baroness Anderson of Stoke-on-Trent (Lab)
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I thank the noble Baroness for her work as a member of the committee. I make it clear that we keep all legislation and its effectiveness under review, and we will continue to do so under the new National Security Act 2023. I would like to reassure your Lordships’ House that one of the things we have already done was a change in the mechanism of government: the Security Minister now has joint responsibilities to the Home Office and the Cabinet Office, ensuring a level of co-ordination on some matters.

On her second point about timings, my understanding is that it did not take eight months on the government side. I will talk noble Lords briefly through the timeline: counterterrorism police first approached the Cabinet Office for discussions on the second witness statement on 25 November 2024, and the Cabinet Office then submitted the second witness statement on 21 February 2025. In the months between, the Deputy National Security Adviser was clarifying the request and working with a small number of officials from the National Security Secretariat, but our appreciation is that it was not eight months.

Lord Sikka Portrait Lord Sikka (Lab)
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My Lords, labelling something an official secret is all too convenient a way for the Government to keep people in the dark. One example is BCCI, a bank that was forcibly closed in July 1991 but there has never been a full independent investigation. After five and a half years of legal battle, I obtained one document called the Sandstorm report. It shows that the Government were funding al-Qaeda and protecting arms smugglers, murderers and others. Will the Minister now ensure that the document is made publicly available and at least put in the Library of this House so that we can hold the Government to account? What is so secret about it? I have put it on the internet and everybody can see it. Why can the Government not release it?

Baroness Anderson of Stoke-on-Trent Portrait Baroness Anderson of Stoke-on-Trent (Lab)
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My Lords, I usually practise for left-field questions but I was not ready for that one. I thank my noble friend for his question and I will reflect on what he says, but let us be clear: the clear responsibility of this Government, as for any Government, is national security, and we will never undermine that.

Lord Macdonald of River Glaven Portrait Lord Macdonald of River Glaven (CB)
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My Lords, does the Minister recognise that the statements of the Deputy National Security Adviser in the recent Chinese espionage case provided ample and sufficient grounds for the prosecution of that case?

Baroness Anderson of Stoke-on-Trent Portrait Baroness Anderson of Stoke-on-Trent (Lab)
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I put on record my thanks to the Deputy National Security Adviser. He is an exemplary professional and has provided evidence in line with government policy of the time and government policy today. We continue to work closely with him and we are very grateful for his work. Noble Lords will appreciate that I am not noble and learned, just noble. On that basis, given that I am not a lawyer, this is not something that I can comment on, but we were very disappointed to see the case not taken forward.