Contribution
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.]