Jim Allister

Among all the finger-pointing in this House, there are some immutable facts, and one is that in the spring of 2024, the evidential burden to bring a prosecution was met, because the CPS levelled a charge that the two individuals were guilty under the 1911 Act of having information capable of assisting an enemy. The first point is that a deficiency in the 1911 Act is not the problem, because the CPS was capable of bringing the charge. The second point is that to bring the charge, the evidential tests for bringing a prosecution had to be met: that there was a reasonable prospect of conviction and that it was in the public interest. The unanswered question in all this is what happened between the spring of 2024 and September 2025, when suddenly the same evidential test was not met. What changed? It was met, or the charges could never have been brought, but suddenly it was not met and the charges were dropped. It seems pretty clear from what has been said to a Committee of this House that what changed was that the Government backed off in their evidence as to what would establish whether China was an enemy. The Government were assisted in the meantime by the Bulgarian case, where the Court of Appeal refined “enemy” to “posing threat or threats”. Indeed, the Court said it was a matter of common sense as to whether something or someone was an enemy. There is no greater jury question than to decide whether or not something is common sense. The prosecution looked easier after the Court of Appeal decision, not harder, yet the prosecution was dropped. That is yet to be explained to this House. It seems to me that it can only be explained by the Government’s failing to come up to proof. Since they had come up to proof to bring the charge in the first place, they obviously retreated. We can talk around this as much as we like, but that seems to me to be the immovable reality of the situation. There are, of course, issues here about the equivocation of the Government towards China, but it is an equivocation that is even infecting devolution. Coming up in Northern Ireland is a co-sponsored conference between the Chinese Government and the Sinn Féin Economy Minister to talk about infrastructure and investment. I say to this Government that they need to take a long, hard look at the way in which devolved institutions, particularly in Stormont, are playing footsie with the Chinese Government.