M

Member

Speaking in the House of Lords on 8 December 2025

Debate

Official Secrets Act and Espionage

Contribution

Secondly, the JCNSS report reinforces a fundamental point that I have made to this House previously: the root cause of the failure of this case was the outdated Official Secrets Act 1911, which predates the First World War. The 1911 Act created an unrealistic test by requiring the prosecution to prove that China was an enemy. The Law Commission had flagged the term ‘enemy’ as being deeply problematic as far back as 2017. The Government will continue to work tirelessly to ensure that we have the most effective structures and processes in place to support law enforcement partners in mitigating and prosecuting foreign espionage wherever we find it.

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