Spy case prosecutors weren’t given MI5 papers on China threat, claims ex-minister
The shadow home secretary has claimed Sir Keir Starmer’s team had access to “multiple” documents proving China was a national security risk before the collapse of the spy case, amid growing questions about whether the government is willing to confront Beijing.
Chris Philp claimed the government could have handed over these documents to prosecutors but they “chose not to do so”, accusing ministers of “destroying the prosecution” of two men accused of spying for Beijing.
The case against Christopher Cash, 30, a former parliamentary investigator, and Christopher Berry, 33, a teacher, collapsed last month after the government failed to present evidence that Beijing was a threat to national security.
Mr Cash and Mr Berry were charged with espionage by the CPS in April last year under the Official Secrets Act 1911, and they were accused of collecting and passing on information “might be of use to the enemy”. Both denied the accusations.
Sir Keir argued that because the last Conservative administration did not identify China as a threat to national security, his government could not provide evidence to that effect; director of public prosecutions (DPP) Stephen Parkinson said this was necessary to meet the prosecution threshold.
But the collapse of the case has raised questions about whether Britain is willing to confront China as Sir Keir’s government seeks closer ties with the country.
Mr Parkinson had blamed ministers for failing to provide the crucial evidence needed to move forward, saying the CPS had spent “months” gathering material.
Don’t write TimesMr Philp said: “The DPP is calling out the government. Keir Starmer’s excuse is that the previous government did not publicly classify China as a threat to national security.
“There’s no delicate way to say this: what the Prime Minister said is completely wrong and that’s not a legal test anyway.”
Mr Philp, who served as Home Affairs Minister between October 2022 and July 2024, added: “The government holds a wealth of internal documents and reports regarding the threat posed by China to national security in 2021-23.
“I talked to my colleagues who were in the relevant ministry at that time and they told me that these documents existed.
“As a former minister, I have known this since my years in government.
“The government has a wealth of information regarding the threat to national security posed by China, which has sought to obtain sensitive technologies through nefarious means, including during the period in question.
“The Starmer government could have disclosed these documents privately to the CPS if necessary but chose not to do so.
“Instead, he destroyed the prosecution by refusing to disclose the evidence the CPS needed (evidence held by the government) and instead provided useless witness statements.”
Meanwhile, crossbench member Lord Sedwill, who served as national security adviser from 2017 to 2020, during which time he was also Britain’s most senior civil servant, said he was “genuinely stunned” about the collapse of the case.
Speaking on the Crisis Room podcast, the former Cabinet Secretary added: “The reality is that China is a national security threat to the UK, directly through cyber, espionage etc, and indirectly through its aggressive behavior in the South China Sea and elsewhere.”
Jonathan Hall KC, the independent reviewer of terrorism legislation, said he was “investigating” the incident.
“I know quite a lot about this issue now and I don’t think the public statements that have been made so far are sufficient,” he told LBC.
“I personally find it puzzling and I think when something like this happens the public and anyone who looks at it will say: OK, how is the UK going to treat this kind of behavior from China? It deserves a much fuller explanation.”
But speaking at a press conference in India on Thursday, Sir Keir said “it may be absolutely clear that, in relation to the evidence presented to the court on this matter, no minister was involved in any decision that this government was involved in.”
He said: “This is not a political issue of a party. This is a legal issue. You can only judge a person according to his situation at the time of the alleged crime.”
“You can’t try these things on a case-by-case basis because it can develop over weeks, months, years. This is fundamental and at the heart of this issue.”
Sir Keir also sought to blame Conservative management before the collapse of the trial, saying: “We are disappointed that the trial did not proceed, but the position is very clear that the trial should have been conducted on the basis of the situation at the time, as it was under the previous Conservative government.”
Meanwhile, Foreign Secretary Yvette Cooper, who was home secretary until September, said she was “deeply disappointed” because she “wants prosecution.”
But he added that ministers “were not involved in any of the evidence presented to the Crown Prosecution Service … because this was a criminal case.”
“As the Prime Minister pointed out, this was not just about the law in force at the time the crimes were committed, but also the government position that was in place at the time the crimes were committed, and it was not for us to say in hindsight what that should have been.”
He added: “Let’s be really clear, the activity alleged in this case must be absolutely unlawful and prosecuted and that’s why we have since supported changing the law, making it easier to prosecute such cases.”
But in a rare intervention on Thursday, Simon Case, who served as cabinet secretary between July 2020 and December 2024, disputed Sir Keir’s claim that the government’s hands were tied because of the previous Conservative government’s stance on whether China was officially a threat.
“Looking back over the years, we have seen the heads of our intelligence agencies publicly describe the threat China poses to our national and economic security interests,” he said. Telegram.
