Security Update: Official Secrets Act Case

Bernard Jenkin Excerpts

Monday 13th October 2025 Commons Chamber

[Dan Jarvis]

Any decision about the enhanced tier of FIRS will be brought forward to Parliament in the normal way. I can say to the hon. Member that any attempt by any foreign power to intimidate, harass or harm individuals or communities here in the UK will not be tolerated.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

We know the very basic facts, which is that the Director of Public Prosecutions asked for a statement from the Government to clarify that, at the time of the offence, China was a threat to national security. He says in his letter that such an assurance, or evidence, or a statement from the Government were not forthcoming. We know that the Government withheld that vital element of the case. The Minister is shaking his head, but who decided that, in the words of the DPP, it would “not be forthcoming”. Somebody decided that. He seems to be saying that it was the deputy National Security Adviser who is somehow accountable for making those decisions, but I question that point. To whom are they accountable, if not the National Security Adviser?

[Dan Jarvis]

Let me seek to clarify. The deputy National Security Adviser, who is a senior and highly regarded official with extensive experience in matters relating to national security, provided a witness statement in December 2023. That was under the previous Government, and I made that point earlier. Further witness statements were requested and provided, as I said earlier, in February and July this year. All the evidence provided by the deputy National Security Adviser was based on the law at the time of the offence and the policy position of the Government at the time. I can give the hon. Member an assurance that every effort was made to provide evidence to support this case within the constraints that I have just outlined. The decision about whether to proceed with the prosecution was ultimately taken by the DPP and the CPS, which were hamstrung by antiquated legislation.