Security Update: Official Secrets Act Case

Lindsay Hoyle Excerpts

Monday 13th October 2025 Commons Chamber

[The Minister for Security (Dan Jarvis)]

With your permission, Mr Speaker, I want to update the House on the facts surrounding the collapse of the trial of Christopher Berry and Christopher Cash. However, following the Home Secretary’s statement, I also want to take the opportunity to express my deepest sympathies for the victims and families of those affected by the abhorrent terror attack that occurred at Heaton Park Hebrew Congregation synagogue in Manchester on Yom Kippur. Tragically, two members of the UK’s Jewish community lost their lives. They remain in the thoughts of the whole House at this very difficult time.

I also express my gratitude for the rapid reactions of emergency responders, the security services and members of that local community. Two days later, a mosque in Peacehaven, East Sussex, was targeted in an arson attack. Fortunately, no one was injured. My thoughts, and I am sure the thoughts of the whole House, will be with members of that local community as well. We remain united in standing against hate in all its forms.

As I told the House in September, the Government remain extremely disappointed by the outcome of the Christopher Cash and Christopher Berry case. I understand the strength of feeling across the House and share the deep frustration at the fact that these individuals will not face trial. While the decision not to proceed was an independent one made by the Crown Prosecution Service, the Government remain gravely concerned about the security of our democratic institutions and are crystal clear that our Parliament must and will be protected from espionage. That is why I am today announcing that MI5’s National Protective Security Authority will be taking further steps to protect our democratic institutions from foreign interference. I will set out more details on that in a moment.

Since I addressed the House on 15 September, there has been correspondence between hon. Members, the Government and the Crown Prosecution Service. There has also been widespread—and, at times, wholly inaccurate—reporting in the media. I will address the details set out by the Crown Prosecution Service and the basis on which the Government provided evidence to support the case, but first let me underline a fundamental point that has too often been overlooked in recent days, including by the Conservative party. The CPS brought these charges under the previous Government, and under the legislation that was in place at the time: the Official Secrets Act 1911—an antiquated law that is clearly no longer fit for purpose in addressing the complex and sophisticated nature of the state threats that we face today.

It has been clear for many years that the legislation has not kept pace with the modern state threats that we face today. It was evident that the Official Secrets Act was no longer fit for purpose as early as 2015, when Conservative Ministers tasked the Law Commission with reviewing this antiquated legislation—10 years ago. In 2020, the Law Commission and the Intelligence and Security Committee of this House were both clear that the legislation, drafted before the first world war, needed to be updated as a matter of urgency. It referred to espionage as

“any sketch, plan, model, article, or note, or other document or information…which…might be…useful to an enemy”.

Those terms are archaic in the modern threat landscape that we now face. That is why the Labour party supported the passing of the National Security Act 2023 on a cross-party basis, closing the loopholes that have been exposed by this case.

The Director of Public Prosecutions has written to the Chair of the Home Affairs Committee, the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley), and the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), about this case, and it is welcome that these facts have been set out. The DPP has made it clear that charges were brought in April 2024 based on the law as it stood at the time of the offences. The deputy National Security Adviser—a senior official with very extensive experience in matters relating to national security—provided a witness statement in December 2023, under the previous Government. Further witness statements were requested and provided in February and July of 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 Conservative Government at the time of the offence. Every effort was made to provide evidence to support this case within those constraints. The decision on whether to proceed with the prosecution was ultimately taken by the Crown Prosecution Service, which was hamstrung by antiquated legislation that had not been updated by the previous Conservative Government—[Interruption.]

[Mr Speaker]

Order. I say to both Front-Bench teams: please, this is a very important and serious matter. We could do without the side chatter.

[Dan Jarvis]

Despite the evolving nature of the state threats that we face, the DPP has given his assurance that the CPS was not influenced by any external party, any member of this Government, or any senior civil servant or special adviser working within it. I want to be clear again today, as the Government have been before, that suggestions that the Government concealed evidence, withdrew witnesses or restricted the ability of witnesses to draw on particular bits of evidence are all untrue. The DNSA did not materially change his evidence and was under no pressure from anyone to do so.

What has changed is the CPS’s assessment of the case law. The DPP has explained that in a separate case—the Crown v. Roussev—the High Court ruled on the threshold for evidence needed to prosecute under the antiquated 1911 legislation. In the light of this new judgment, the CPS independently decided to seek further evidence. But the fact remains that it was not the policy of the Conservative Government to classify China as a threat to national security. As the right hon. Member for Braintree (Sir James Cleverly) said as Foreign Secretary, summing up China in one word as a threat was

“impossible, impractical and—most importantly—unwise.”

I have listened with interest in recent days to advice from former Conservative Ministers on how the UK should now define our approach to China, but I must remind them and the House that what matters is what their policy was in government. The previous Government set out their position on China in the 2021 integrated review, in which they described China as a “systemic challenge” to UK security. In the integrated review refresh of 2023, they described China as an “epoch-defining challenge”. As the Prime Minister has explained, the current Government’s policy position was immaterial to the assessment made by the CPS. Ministers cannot retrospectively change policy that existed under the Conservative Government and, as stated before, the CPS decision to drop the case was not influenced by any member of this Government, special adviser or senior official.

At this moment of profound global change and insecurity, these matters have led to discussion about this Government’s approach to China, so let me set that out for the House. We must tackle the threats that China poses, which range from cyber-security attacks, foreign interference and espionage targeting our democratic institutions to the transnational repression of Hongkongers in the UK. This Government are unequivocal that the first duty of Government is to keep people safe. We fully recognise that China poses a series of threats to UK national security, yet we must also be alive to the fact that China presents us with opportunities. It is the world’s second largest economy, and, together with Hong Kong, the UK’s third largest trading partner. The only way to act in the UK’s best interest is to take a long-term and strategic approach. That means working in close co-ordination with Five Eyes and wider allies to build collective resilience to the threats that China poses, investing in our intelligence services and being unequivocal about our position on human rights. It also means developing a consistent and pragmatic approach to economic engagement without compromising on our national security. Let me set out the recent actions that the Government have taken to strengthen UK security against state threats, including those posed by China.

MI5’s national protective security authority has today launched new guidance to protect the UK’s democratic institutions from foreign interference. The guidance will help Members in this House and the other place, Members of the devolved legislatures, local councillors, mayors and elected representatives’ staff to better understand the nature of the threat. It also provides simple, effective steps for at-risk individuals to take to protect themselves, their teams and the integrity of our democratic processes. The guidance will kick-start a wider cross-Government action plan that is being driven through the defending democracy taskforce to reduce foreign interference and espionage threats to UK democratic institutions. It will be delivered in close co-ordination with the parliamentary security authorities. I urge all Members of this House to be alert and follow the guidance, and to take up the National Cyber Security Centre’s important opt-in service for Members of both Houses.

The Government also remain steadfast in our commitment to holding Chinese state-linked actors accountable for widescale cyber-espionage. In September, the NCSC co-sealed a US-led technical advisory calling out Chinese state-sponsored cyber-threat actors targeting global networks, including in the UK. I can reassure the House that we continue to keep all tools under review, and will act as necessary to reduce their threat.

The Government are also committed to legislating to further strengthen safeguards against foreign interference. That specifically includes a new elections Bill to strengthen safeguards against covert foreign political funding, and involves taking forward the recommendations from the independent reviewer for legislation on state threats.

Let me finish by reiterating this Government’s unwavering commitment to national security and to keeping our country safe. We will take all necessary action to deter those who seek to do us harm, and to ensure that the UK is best placed to tackle state threats, including those emanating from China. I commend the statement to the House.