Security Update: Official Secrets Act Case

David Davis Excerpts

Monday 13th October 2025 Commons Chamber

[Dan Jarvis]

I absolutely agree with my hon. Friend that these matters require a cross-Government approach, and that is precisely the way in which this Government seek to proceed with them. I think it is fair to say that the Government have referenced concerns about the issues he has raised on a number of occasions, but I would be very happy to discuss them further with him, should he wish to do so.

[David Davis (Goole and Pocklington) (Con)]

The Minister used the Roussev case in his own defence. In that case, the Court of Appeal set the clear precedent that the appropriate definition of an enemy state is not based on what the Government say—it is a state that behaves like an enemy. The judge stated plainly that

“There is no reason in our view why the term ‘an enemy’ should not include a country which represents a current threat to the national security of the UK.”

Throughout the duration of this case, there has been ample evidence—including from the Intelligence and Security Committee and the current director of MI5—that China represents a threat to our national security, including at the time when Mr Berry and Mr Cash were acting as spies. The Prime Minister’s comments on this case were frankly nonsense, and it is time that we stop kowtowing and take a stand against China. If the Minister means what he said about future dealings, will he start by doing what a number of people have called for and refusing to approve the espionage centre masquerading as an embassy at the Royal Mint? Will he reject it and tell the Chinese, effectively, that enough is enough?

[Dan Jarvis]

I always listen to what the right hon. Gentleman has to say, but that does not mean that I always agree with it. I do not agree with it today, and I am not sure it is especially helpful to refer to China’s application for an embassy in the way he has done. I can give him the assurance that I have given the House previously about the importance we attach to national security in the context of that issue. I hope the right hon. Gentleman understands that the issue of the embassy is not a matter for me—there is a quasi-judicial process in place, and it is a matter for the Secretary of State for Housing, Communities and Local Government—but the previous Home Secretary and the previous Foreign Secretary have been crystal clear about the national security implications that underpin that decision.