Sir Keir Starmer has announced that he will publish key evidence in the China spying case trial that led to the collapse of the trial.
The prime minister told MPs at the start of Prime Minister’s Questions that he would publish three witness statements that were shared with prosecutors as he maintained his position that the previous government is to blame for the failure to prosecute.
The abandonment of the prosecution of Christopher Cash, 30, a former parliamentary researcher, and Christopher Berry, 33, a teacher, has raised serious questions over national security and government policy towards China.
Both men, who deny wrongdoing, had been accused of passing secrets to China, but charges against them were dropped last month. The Crown Prosecution Service (CPS) said the case collapsed because the government’s evidence did not show that China represented a threat to national security at the time of the alleged offences.
Sir Keir told MPs: “I’m deeply disappointed by the outcome. We wanted to see prosecutions.”
Anticipating a barrage of questions from Tory leader Kemi Badenoch, Sir Keir told MPs the case had to be based on the position taken by the Conservative government.
He said the Conservative administration’s Integrated Review of 2021 and the refresh of that document in 2023 were “very carefully worded to not describe China as an enemy”.
“The deputy national security adviser [DNSA], Matt Collins, set out the then government’s position in a substantive witness statement in 2023, which was subsequently supplemented by two further short statements.
“The cabinet secretary assures me that the DNSA faithfully set out the policy of the then Tory government. I know first hand that the DNSA is a civil servant of the utmost integrity. Those opposite who worked with him, I am sure, would agree with that assessment.
“Under this government, no minister or special adviser played any role in the provision of evidence.”
Government sources had originally claimed the CPS was blocking the release of Mr Collins’s evidence, but the organisation denied that this was the case.
Sir Keir said: “Given the information contained, we will conduct a short process. But I want to make clear, I intend to publish the witness statements in full.”
However, the statement was anticipated by Ms Badenoch, who used all six questions to probe the prime minister on the issue.
Ms Badenoch asked: “What on earth is the point of us having a lawyer rather than a leader as prime minister if he can’t even get the law right on a matter of national security?”
Responding, Sir Keir said: “She’s clearly not a lawyer or a leader.”
There was also a clash with former foreign secretary Sir James Cleverly, now shadow housing secretary, who was angered at claims by Sir Keir that he had said in a speech that China was not a threat.
Making a point of order, he said: “I have been misquoted. And the misquote, I think, is significant. It has been said that I, in a speech at Mansion House, said that describing China was impossible, impractical and, most importantly, unwise.
“The quote was, that describing China as one word or a policy in one word is impossible, impractical and unwise.
“I went on to say that our policy is: ‘First, we will strengthen our national security protections wherever Beijing’s actions pose a threat to our people or our prosperity.’
“And I finished by saying, ‘When there are tensions with other objectives, we will always put our national security first.’”
Meanwhile, Sir Keir’s response also led to allegations he may have misled parliament, which were quickly denied by Downing Street.
Ms Badenoch said: “Is he seriously saying the deputy [national security adviser] did not discuss with the national security adviser, did not discuss with [the] home secretary or with anyone in Downing Street?”
The prime minister answered, “Yes”, but this was challenged in a tweet by Luke de Pulford, executive director of the Inter-Parliamentary Alliance on China.
He wrote: “This is an historic moment. For the Prime Minister’s answer to be correct, normal procedure would have to have been abandoned.”
Tory chairman Kevin Hollinrake added: “The Prime Minister almost certainly misleading Parliament today.”
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