Espionage cases and the Official Secrets Acts

National Security Strategy (Joint Committee) Open Inquiry
Opened: 16 Oct 2025 Parliament page
9 Recommendations
12 Conclusions
1 Report
2 Oral sessions
19 Letters
2 Events
Activity timeline 23 events
29 Oct
2025
Oral evidence sessions 2 sessions
Rt Hon Darren Jones MP · Duchy of Lancaster The Rt Hon. the Lord Hermer KC · Attorney General's Office
Matthew Collins · Cabinet Office Sir Chris Wormald · Department of Health and Social Care Stephen Parkinson · Crown Prosecution Service Tom Little KC (First Senior Treasury Counsel)
Recommendations & Conclusions
21 results
1 Conclusion
2nd Report - Espionage cases and t…
The Crown Prosecution Service determined that it required specific evidence that China posed an “active...
The Crown Prosecution Service determined that it required specific evidence that China posed an “active threat” to UK national security at the relevant time, following a Court of Appeal ruling known as “Roussev”. It is not within the Committee’s remit … Read more
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2 Conclusion
2nd Report - Espionage cases and t…
The Deputy National Security Adviser (DNSA) would not describe China as posing an “active threat”...
The Deputy National Security Adviser (DNSA) would not describe China as posing an “active threat” to national security at the relevant time. We acknowledge the position from the Crown Prosecution Service that it would undermine their case that China represented … Read more
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3 Conclusion
2nd Report - Espionage cases and t…
The witness statements provided by DNSA were however clear that China posed a range of...
The witness statements provided by DNSA were however clear that China posed a range of threats to the United Kingdom’s national security. In our view it is plain that, taken together, these amounted to a more general active threat to … Read more
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4 Conclusion
2nd Report - Espionage cases and t…
We are surprised that the Crown Prosecution Service considered the evidence available insufficient to survive...
We are surprised that the Crown Prosecution Service considered the evidence available insufficient to survive a submission of ‘no case to answer’ and to be put before the jury. (Conclusion, Paragraph 45)
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5 Conclusion
2nd Report - Espionage cases and t…
It is regrettable that the prosecution hinged on the testimony of a Government witness who...
It is regrettable that the prosecution hinged on the testimony of a Government witness who would not state directly that China posed an active threat to national security at the material time. We acknowledge 48 however the arguments from the … Read more
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6 Conclusion
2nd Report - Espionage cases and t…
We found evidence of misaligned expectations which contributed to the decision to discontinue the case.
We found evidence of misaligned expectations which contributed to the decision to discontinue the case. In particular, the Deputy National Security Adviser (DNSA) said he was clear from the outset that he would only provide evidence in line with Government … Read more
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7 Conclusion
2nd Report - Espionage cases and t…
We did not find evidence of deliberate efforts to obstruct the prosecution.
We did not find evidence of deliberate efforts to obstruct the prosecution. The sequence of events nevertheless raises some substantial questions of whether the Government officials and counsel working on the DNSA’s witness statements could have found an alternative formulation … Read more
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8 Recommendation
2nd Report - Espionage cases and t…
We do not seek to unpick any of these professional judgements.
We do not seek to unpick any of these professional judgements. In future, however, it is essential that improved communications, common sense, clarity on strategic objectives and appropriate flexibility can be applied to ensure finely balanced judgements ultimately favour the … Read more
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9 Recommendation
2nd Report - Espionage cases and t…
Many of the problems in this case stemmed from a lack of clarity over the...
Many of the problems in this case stemmed from a lack of clarity over the evidence. Given the complexity of national security cases we recommend establishing a requirement for a formal case conference within 30 days of such charges being … Read more
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10 Conclusion
2nd Report - Espionage cases and t…
Some processes were excessively protracted, with extensive to and fro.
Some processes were excessively protracted, with extensive to and fro. From the outside some aspects look shambolic. The process for securing the DNSA’s second witness statement took nearly eight months, for example. The reason for this delay remains obscure to … Read more
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11 Recommendation
2nd Report - Espionage cases and t…
We recommend that timely acquisition and delivery of evidence should be made a priority in...
We recommend that timely acquisition and delivery of evidence should be made a priority in future. In response to this report the Government should confirm what steps it will take, and commit to implementation within six months. (Recommendation, paragraph 77) Read more
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12 Conclusion
2nd Report - Espionage cases and t…
We remain uncertain about the capacity in which the DNSA was giving evidence, and the...
We remain uncertain about the capacity in which the DNSA was giving evidence, and the extent to which civil servants can act as witnesses of fact on matters that are not made explicit by government policy. (Conclusion, Paragraph 78)
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13 Recommendation
2nd Report - Espionage cases and t…
We recommend the Government clarifies this issue in response to this report.
We recommend the Government clarifies this issue in response to this report. (Recommendation, paragraph 79) Questions of improper influence
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14 Conclusion
2nd Report - Espionage cases and t…
We have considered the circumstances of the meeting held on 1 September and note the...
We have considered the circumstances of the meeting held on 1 September and note the proximity of the Crown Prosecution Service decision to discontinue the case two days later. We did not find evidence of improper influence or deliberate efforts … Read more
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15 Conclusion
2nd Report - Espionage cases and t…
We are satisfied that the current Attorney General acted with constitutional propriety.
We are satisfied that the current Attorney General acted with constitutional propriety. We are also satisfied that there was nothing inappropriate about the processes for obtaining Law Officer consent to prosecute, or the subsequent process for informing the Attorney that … Read more
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16 Conclusion
2nd Report - Espionage cases and t…
We regret that opportunities were not taken to inform the Attorney General of the situation...
We regret that opportunities were not taken to inform the Attorney General of the situation in greater detail earlier on and request his assistance insofar as would be constitutionally appropriate. (Conclusion, Paragraph 116) 50 Lessons learned
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17 Recommendation
2nd Report - Espionage cases and t…
As the international security environment worsens, we expect the number of national security prosecution cases...
As the international security environment worsens, we expect the number of national security prosecution cases to rise. We urge the Government to avoid characterising the failure of the Cash/Berry case as a one-off peculiarity created solely by outdated legislation: there … Read more
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18 Recommendation
2nd Report - Espionage cases and t…
The Cabinet Office and Security Services must conduct an internal exercise to consider scenarios in...
The Cabinet Office and Security Services must conduct an internal exercise to consider scenarios in which the Government might be asked to provide diplomatically sensitive evidence under the National Security Act 2023. They must then work with legal partners, including … Read more
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19 Recommendation
2nd Report - Espionage cases and t…
The Cash/Berry case suggests there may be value in providing a degree of top-level support...
The Cash/Berry case suggests there may be value in providing a degree of top-level support to the Deputy National Security Advisers (DNSAs), particularly if they face significant public exposure. We suggest the Government uses the case conference recommended in paragraph … Read more
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20 Recommendation
2nd Report - Espionage cases and t…
We acknowledge and commend the important work led by the National Security Adviser and his...
We acknowledge and commend the important work led by the National Security Adviser and his Deputies. We appreciate that there is deep experience and co-operation across the Cabinet Office leadership. We nevertheless recommend that the Government reviews the nature of … Read more
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21 Recommendation
2nd Report - Espionage cases and t…
The Government should also review the adequacy of high-level support and advice which is made...
The Government should also review the adequacy of high-level support and advice which is made available to bound witnesses in sensitive national security cases. The Government should outline the findings of that review to the Committee within six months. (Recommendation, … Read more
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Correspondence 19 letters
1 Dec 2025 To committee Letter from the Chair to Robert Courts KC (former Solicitor General) relating to the Espionage cases and the Official Secrets Acts inquiry, and the response, dated 19 November 2025
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1 Dec 2025 To committee Letter from the Chair to Sir Stephen Lovegrove (former NSA) relating to the Espionage cases and the Official Secrets Acts inquiry, and the response, dated 14 November 2025
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1 Dec 2025 To committee Letter from the Chair to Dominic Grieve KC (former AG) relating to the Espionage cases and the Official Secrets Acts inquiry, and the response, dated November 2025
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1 Dec 2025 To committee Letter from the Chair to Rt Hon Sir Michael Ellis KC (former AG), relating to the Espionage cases and the Official Secrets Acts inquiry, and the response (dated 12 November 2025)
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1 Dec 2025 To committee Letter from the Chair to Baroness Scotland (former AG) relating to the Espionage cases and the Official Secrets Acts inquiry, and the response, dated 11 November 2025
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1 Dec 2025 To committee Letter from the Chair to the Attorney General relating to the Espionage cases and the Official Secrets Acts inquiry, and the response, dated 12 November 2025
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1 Dec 2025 To committee Letter from the Chair to the Deputy National Security Adviser relating to the Espionage cases and the Official Secrets Acts inquiry, and the response, dated 14 November 2025
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1 Dec 2025 To committee Letter from the Chair to the Director of Public Prosecutions, Crown Prosecution Service relating to the Espionage cases and the Official Secrets Acts inquiry, and the response, dated 12 November 2025
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28 Oct 2025 To committee Letter from Lord Carlile of Berriew CBE KC relating to the dropped Chinese spy case, dated 20 October 2025
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24 Oct 2025 To committee Letter from the Director of Public Prosecutions, Crown Prosecution Service to the Foreign Affairs Committee, Home Affairs Committee, Joint Committee on the National Security Strategy and Justice Committee, relating to Espionage cases and the Official Secrets Acts, dated 24 October 2025
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24 Oct 2025 To committee Letter from the National Security Adviser and Deputy National Security Adviser, relating to the inquiry into ‘Espionage cases and the Official Secrets Acts’, dated 23 October
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24 Oct 2025 To committee Letter from the Attorney General, relating to the inquiry into ‘Espionage cases and the Official Secrets Acts’, dated 23 October
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24 Oct 2025 To committee Letter from the Cabinet Secretary, relating to the inquiry into ‘Espionage cases and the Official Secrets Acts’, dated 23 October
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24 Oct 2025 To committee Letter from the Chancellor of the Duchy of Lancaster, relating to the inquiry into ‘Espionage cases and the Official Secrets Acts’, dated 23 October
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21 Oct 2025 From committee Letter to Rt Hon Lord Hermer KC, Attorney General relating to the inquiry into ‘Espionage cases and the Official Secrets Acts’, dated 20 October 2025
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21 Oct 2025 From committee Letter to Rt Hon Darren Jones MP, Chancellor of the Duchy of Lancaster relating to the inquiry into ‘Espionage cases and the Official Secrets Acts’, dated 20 October 2025
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17 Oct 2025 From committee Letter to the National Security Adviser and Deputy National Security Adviser, relating to espionage cases, dated 17 October 2025
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17 Oct 2025 From committee Letter to the Cabinet Secretary, relating to espionage cases, dated 17 October 2025
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16 Oct 2025 From committee Letter to the Director of Public Prosecutions, Crown Prosecution Service from the Foreign Affairs Committee, Home Affairs Committee, Joint Committee on the National Security Strategy and Justice Committee relating to Espionage cases and the Official Secrets Acts, dated 16 October 2025
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