China Spying Case

Debate between Chris Philp and Nick Thomas-Symonds
Tuesday 28th October 2025

(1 week ago)

Commons Chamber
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Nick Thomas-Symonds Portrait The Paymaster General and Minister for the Cabinet Office (Nick Thomas-Symonds)
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I will do my best, Madam Deputy Speaker. It is always a pleasure to follow the hon. Member for Brentwood and Ongar (Alex Burghart). First, I want to reinforce, not just as a Minister, but as a parliamentarian, the Government’s deep regret about the collapse of the criminal case concerning the two individuals charged under the Official Secrets Act 1911. Everyone in the Government was hoping that the trial would go ahead and planning on the basis that it would.

As a reminder, following the arrests of Christopher Cash and Christopher Berry in March 2023 as part of a counter-espionage operation, counter-terrorism police requested that the deputy National Security Adviser act as a witness in the case. [Interruption.] Let me go through this, because it is important to the challenges made by the hon. Gentleman. The DNSA made it clear that he would provide evidence on the basis of the Government’s position at the time of the offences, and that is crucial to the judgment that has been made in this case. The first statement was drafted—

Chris Philp Portrait Chris Philp (Croydon South) (Con)
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Will the Minister give way?

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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I will make some progress, and then I will give way to the shadow Home Secretary.

The first statement was drafted between August and December 2023. During that time, Counter Terrorism Policing was updated on progress, including the information that the deputy National Security Adviser would not be able to call China an enemy, as that was not the position of the Government at the time of the offences.

Chris Philp Portrait Chris Philp
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On that point, will the Minister give way?

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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Okay, I will let the shadow Home Secretary intervene on that point.

Chris Philp Portrait Chris Philp
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The Minister has said twice in the last minute that the question was the policy of the last Government. Let me take him to page 4 of the letter from the Director of Public Prosecutions, dated Thursday of last week. In that letter, the DPP said—

Chris Philp Portrait Chris Philp
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The DPP said the opposite of what the Minister has said. He said that the issue was a question of fact, and not—categorically not—the policy of the last Government.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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Oh dear, oh dear, oh dear! The right hon. Gentleman has just quoted page 4 of the DPP’s letter. Let me quote page 5 to him:

“The information that we required related to the period between 31 December 2021 and 3 February 2023. The position of the current Government was not relevant to the case.”

I suggest that the shadow Home Secretary look at the next page.

Chris Philp Portrait Chris Philp
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It is misleading.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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No, it is not misleading. Will the right hon. Gentleman give me a moment? It was the position at the relevant time. What is even worse, however, is that the word “enemy” was not the position at the time. It came out of the statement, and that happened under the previous Government, I am afraid.