Dan Jarvis

I thank my hon. Friend for securing this urgent question, following the deeply disappointing collapse of the prosecution case concerning two individuals charged under the Official Secrets Act 1911. The allegations were hugely concerning, and we recognise and share the public and parliamentary frustration about this outcome. The Government welcomed the Joint Committee on the National Security Strategy’s inquiry and the opportunity it provided for parliamentary scrutiny on this important matter, alongside the ongoing review led by the Intelligence and Security Committee. I will take this opportunity to thank the Joint Committee on the National Security Strategy, under my hon. Friend’s chairship, for its diligent and rapid work. The Government will now take the time to consider the Committee’s conclusions and recommendations properly, in conjunction with partners referenced in the report, before responding within the two-month timeframe. However, I am glad that the JCNSS’s report has reinforced two fundamental points that the Government have made throughout. First, and as the Government have been saying for several weeks, the report makes it clear that there was no evidence of attempts by any Minister, special adviser or senior official to interfere with the prosecution. The report states that it found no evidence of improper influence. Despite ongoing questions about a meeting of senior officials that took place on 1 September, chaired by the National Security Adviser, the report clarifies that there was no deliberate effort to obstruct the prosecution. The first senior Treasury counsel had already made the judgment on the basis of the evidence that charges could not progress by 22 August, more than a week before the meeting took place. We have been consistent throughout on these points, which runs in sharp contrast to our critics, who initially criticised the Government for intervening in the case and then, when it became clear that that was nonsense, criticised us for not intervening in the case. 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a fundamental point that I have made to this House previously: the root cause of the failure of this case was the outdated Official Secrets Act 1911, which predates the first world war.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. More importantly, the ongoing disinformation around the collapse of this case has been distracting from the most important issue that we should be focused on: how the Government can work across this House to ensure that Chinese espionage will never be successful in the United Kingdom. As the Prime Minister stated in his speech at the Lady Mayor’s banquet on Monday: “Protecting national security is our first duty and we will never waver from our efforts to keep the British people safe.” That is why, on 18 November, I set out a significant number of measures that this Government are taking to counter the threat that China and other state actors pose to UK democracy and society. In line with the JCNSS report, the Government will continue to strengthen our processes and preparedness for future threats, ensuring that we leverage our new security legislation effectively—