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| Jonathan Powell made no decisions about evidence in China spy case, minister says | Jonathan Powell made no decisions about evidence in China spy case, minister says |
| (about 11 hours later) | |
| Christopher Cash (left) and Christopher Berry (right) were both accused of being Chinese spies | Christopher Cash (left) and Christopher Berry (right) were both accused of being Chinese spies |
| The government's national security adviser Jonathan Powell made no decisions about the content of any evidence provided in the collapsed case against two men accused of spying for China, a minister has said. | The government's national security adviser Jonathan Powell made no decisions about the content of any evidence provided in the collapsed case against two men accused of spying for China, a minister has said. |
| Prosecutors unexpectedly dropped charges against Christopher Cash and Christopher Berry - who deny the allegations - in September. | Prosecutors unexpectedly dropped charges against Christopher Cash and Christopher Berry - who deny the allegations - in September. |
| Conservative leader Kemi Badenoch claimed the case collapsed because the government had refused to give the Crown Prosecution Service (CPS) "vital information" as it wanted to "curry favour" with China. | Conservative leader Kemi Badenoch claimed the case collapsed because the government had refused to give the Crown Prosecution Service (CPS) "vital information" as it wanted to "curry favour" with China. |
| Security Minister Dan Jarvis dismissed claims the government deliberately collapsed the case as "baseless". | |
| Mr Powell, who is one of the prime minister's most senior advisers and political allies, is facing pressure over whether he played a role in the collapse of the trial, with the Conservatives saying he has "questions to answer". | Mr Powell, who is one of the prime minister's most senior advisers and political allies, is facing pressure over whether he played a role in the collapse of the trial, with the Conservatives saying he has "questions to answer". |
| Sir Keir Starmer has insisted he has "full confidence" in his national security adviser, telling broadcasters: "He is doing an excellent job." | Sir Keir Starmer has insisted he has "full confidence" in his national security adviser, telling broadcasters: "He is doing an excellent job." |
| Christopher Cash, a former parliamentary researcher, and Christopher Berry were charged under the Official Secrets Act in April 2024, when the Conservatives were in power. | Christopher Cash, a former parliamentary researcher, and Christopher Berry were charged under the Official Secrets Act in April 2024, when the Conservatives were in power. |
| They were accused of gathering and providing information prejudicial to the safety and interests of the state between December 2021 and February 2023. | They were accused of gathering and providing information prejudicial to the safety and interests of the state between December 2021 and February 2023. |
| But last week the head of the CPS said the case collapsed because evidence could not be obtained from the government referring to China as a national security threat. | But last week the head of the CPS said the case collapsed because evidence could not be obtained from the government referring to China as a national security threat. |
| Director of Public Prosecutions Stephen Parkinson said while there was sufficient evidence when charges were originally brought against the two men in April 2024, a precedent set by another spying case earlier this year meant China would need to have been labelled a "threat to national security" at the time of the alleged offences. | Director of Public Prosecutions Stephen Parkinson said while there was sufficient evidence when charges were originally brought against the two men in April 2024, a precedent set by another spying case earlier this year meant China would need to have been labelled a "threat to national security" at the time of the alleged offences. |
| Giving a statement to MPs in the Commons, Jarvis denied reports Mr Powell had ruled China could not be defined as a national security threat at a meeting of Whitehall officials in September, shortly before the charges were dropped. | Giving a statement to MPs in the Commons, Jarvis denied reports Mr Powell had ruled China could not be defined as a national security threat at a meeting of Whitehall officials in September, shortly before the charges were dropped. |
| "Of course, [the national security adviser] takes part in discussions about national security and diplomatic relations. That is literally his job," he said. | "Of course, [the national security adviser] takes part in discussions about national security and diplomatic relations. That is literally his job," he said. |
| "But any discussions were on the basis that the case would be going ahead and how to handle the implications. | "But any discussions were on the basis that the case would be going ahead and how to handle the implications. |
| "The national security adviser was not involved in any decisions about the substance of the evidence." | "The national security adviser was not involved in any decisions about the substance of the evidence." |
| Jarvis said it was deputy national security adviser Matthew Collins who provided a witness statement in December 2023 under the previous Conservative government, with further witness statements requested and provided in February and July this year. | Jarvis said it was deputy national security adviser Matthew Collins who provided a witness statement in December 2023 under the previous Conservative government, with further witness statements requested and provided in February and July this year. |
| He said Mr Collins was given "full freedom to provide evidence without interference", adding: "Ministers and special advisers did not take decisions about that evidence and they were not cited on the contents." | He said Mr Collins was given "full freedom to provide evidence without interference", adding: "Ministers and special advisers did not take decisions about that evidence and they were not cited on the contents." |
| Jarvis said all the evidence provided was based on the law and the Tory government's position on China at the time of the alleged offences. | Jarvis said all the evidence provided was based on the law and the Tory government's position on China at the time of the alleged offences. |
| He added that the decision about whether to proceed with the prosecution was taken by the CPS, "who were hamstrung by antiquated legislation". | He added that the decision about whether to proceed with the prosecution was taken by the CPS, "who were hamstrung by antiquated legislation". |
| The Official Secrets Act of 1911 has since been replaced by the 2023 National Security Act, which Jarvis said closed "the loopholes that have been exposed by this particular case". | The Official Secrets Act of 1911 has since been replaced by the 2023 National Security Act, which Jarvis said closed "the loopholes that have been exposed by this particular case". |
| "Suggestions that the government concealed evidence, withdrew witnesses, or restricted the ability of witnesses to draw on particular bits of evidence are all untrue," he said. | "Suggestions that the government concealed evidence, withdrew witnesses, or restricted the ability of witnesses to draw on particular bits of evidence are all untrue," he said. |
| "The [deputy national security adviser] did not materially change his evidence and was under no pressure from anyone to do so... | "The [deputy national security adviser] 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." | "What has changed is the CPS's assessment of the case law." |
| Jarvis sought to blame the previous Tory government for not classifying China as a threat to national security and being too "slow" to update national security laws. | Jarvis sought to blame the previous Tory government for not classifying China as a threat to national security and being too "slow" to update national security laws. |
| Defending her party's record, Badenoch pointed to a number of examples where Tory ministers and government documents had described China as a "threat". | Defending her party's record, Badenoch pointed to a number of examples where Tory ministers and government documents had described China as a "threat". |
| "The trial has collapsed because for months and months, the government has been refusing to give the CPS vital information," she said. | "The trial has collapsed because for months and months, the government has been refusing to give the CPS vital information," she said. |
| "This wasn't a mistake. This wasn't a misunderstanding. This looks like a deliberate decision to collapse the case and curry favour with the regime in China." | "This wasn't a mistake. This wasn't a misunderstanding. This looks like a deliberate decision to collapse the case and curry favour with the regime in China." |
| She added: "I suspect that [ministers] have decided that closer economic ties with China were more important than due process and our national security." | She added: "I suspect that [ministers] have decided that closer economic ties with China were more important than due process and our national security." |
| The Liberal Democrats have called on the government to "come clean on why this case fell apart" and publish all correspondence between the deputy national security adviser and the CPS. | The Liberal Democrats have called on the government to "come clean on why this case fell apart" and publish all correspondence between the deputy national security adviser and the CPS. |
| The party's foreign affairs spokesperson Calum Miller said: "The government's attempts to duck scrutiny and scapegoat a single official simply won't wash. | The party's foreign affairs spokesperson Calum Miller said: "The government's attempts to duck scrutiny and scapegoat a single official simply won't wash. |
| "It's inconceivable that neither Keir Starmer nor his national security adviser knew what evidence was being submitted in such an important case. | "It's inconceivable that neither Keir Starmer nor his national security adviser knew what evidence was being submitted in such an important case. |
| "The buck for this fiasco ultimately stops with the prime minister." | "The buck for this fiasco ultimately stops with the prime minister." |
| Meanwhile, Jarvis confirmed that MI5's National Protective Security Authority had published new advice for politicians on how to protect themselves from espionage and foreign interference. | Meanwhile, Jarvis confirmed that MI5's National Protective Security Authority had published new advice for politicians on how to protect themselves from espionage and foreign interference. |
| The guidance warns MPs they are a potential target for foreign spies, with China, Russia and Iran identified as particular risks to British institutions. | The guidance warns MPs they are a potential target for foreign spies, with China, Russia and Iran identified as particular risks to British institutions. |
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