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Urgent question on the role of the Attorney General's Office in the decision to drop the China spy prosecution.

Lead member
Robert Jenrick
Answering member
Ellie Reeves
Department
Solicitor General
Type
Urgent questions
Date
23 October 2025
Reference
773 cc1102-1110
House
House of Commons

(Urgent Question): To ask the Solicitor General if she will make a statement about the role of the Attorney General’s Office in the decision to drop the China spy prosecution.

Member
Robert Jenrick (Conservative)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1103
House
House of Commons

I thank the right hon. Gentleman for raising this urgent question, following the deeply disappointing collapse of the prosecution case concerning two individuals charged under the Official Secrets Act 1911.

It is a bedrock constitutional principle that prosecutions in this country are free from political influence. This means that it is...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1103
House
House of Commons

Let me cut to the chase. It is standard practice for the CPS to inform the Attorney General if a case of political significance that had required Attorney General consent in the first place is likely to be dropped. We are told that the Attorney General was informed that this...

Member
Robert Jenrick (Conservative)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1104
House
House of Commons

Today we have heard from the shadow Justice Secretary yet more of the baseless smears that have characterised the Conservative party’s approach to a matter of such importance to this House and the whole nation. He knows that the Attorney General will give evidence next week—as soon as Tuesday—to the...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 cc1104-5
House
House of Commons

You are supposed to be a Law Officer—answer the questions.

Member
Robert Jenrick (Conservative)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1105
House
House of Commons

The charges in this case were brought under the Official Secrets Act 1911—outdated legislation, drawn up even before the dawn of world war one. As I said, the Attorney General, the Chief Secretary to the Prime Minister, the deputy National Security Adviser, the Cabinet Secretary and the Director of Public...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1105
House
House of Commons

Given that the Conservatives, during their 14 years of chaotic power, sought to develop an even closer relationship with China, can I urge the Government to continue Labour’s approach, which is to look at opportunities to work together while not compromising our values and national interest at any time?

Member
John Slinger (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1105
House
House of Commons

I agree with my hon. Friend’s position. I remind the House that the test in this case applied to how China was viewed under the previous Government, not this one.

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1105
House
House of Commons

Throughout these revelations, Ministers and the Prime Minister’s spokesperson have repeatedly claimed that the Government had no sight of the witness statements and no input. The PM himself said that at Prime Minister’s questions last week. But the Government Legal Service’s own guidance requires the Attorney General to be consulted...

Member
Ben Maguire (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1106
House
House of Commons

As I set out in my answer to the urgent question, the previous Law Officers gave consent to prosecute in April 2024. After that happens, it is right that there is no further involvement of Law Officers in cases. In accordance with the framework, that is how things work. It...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1106
House
House of Commons

May I just start by saying that nobody in this House is disputing the independence of the prosecution or indeed the judicial officers? Nobody has had any dispute on that point at all. The question is a different one. It is whether an official who is giving evidence not on...

Member
Tom Tugendhat (Conservative)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1106
House
House of Commons

In terms of the witness statements, to start with the first and by far most substantive witness statement was the one made under the previous Government. In relation to more recent statements, the Conservatives’ starting argument was that the Government in some way interfered with the evidence, and now they...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1106
House
House of Commons

My right hon. Friend the Member for Newark (Robert Jenrick) is quite right. Throughout the whole saga, as my right hon. Friend the Member for Tonbridge (Tom Tugendhat) made clear, there have been conflicting stories about who did what, and why it could or could not be done, all in...

Member
Iain Duncan Smith (Conservative)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1107
House
House of Commons

The Attorney General will be giving his evidence to the Committee next week. I think it is right to say that the case was dropped by the CPS not on public interest grounds but on evidential grounds. When a case is dropped on evidential grounds, the framework sets out that...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1107
House
House of Commons

Given the important national security implications of this whole sorry case, what assessment has the Attorney General’s Office made of the impact that the decision may have on confidence in our ability to prosecute alleged foreign interference?

Member
Lisa Smart (Liberal Democrat)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1107
House
House of Commons

This case was prosecuted under legislation that was in force when the alleged offences were committed in 2021 to 2023. The law has now changed—it took the Conservative party many years to tighten up national security legislation; it passed with support from Labour Members—and under the legislation as it stands...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1107
House
House of Commons

The Attorney General has a duty to superintend prosecution agencies. The Government have previously defined superintendence as, inter alia,

“a right for the Attorney General to be consulted and informed about difficult, sensitive and high-profile cases”,

of which this is clearly one. Given that the Attorney General is responsible by statute for...

Member
Ben Obese-Jecty (Conservative)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1107
House
House of Commons

As I have set out, consent to prosecute in this case had to be granted by Law Officers, and that was done under the previous Government. Once consent is granted, it is for the CPS to prosecute a case, rightly without political interference. This case was discontinued by the CPS...

Member
Ellie Reeves (Labour)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1107
House
House of Commons

None of it makes sense—not the collapsed trial, Chagos or the embassy—but, as my right hon. Friend the Member for New Forest East (Sir Julian Lewis) says, it all makes sense if the Government have prioritised a strategic relationship with communist China, does it not?

Member
Desmond Swayne (Conservative)
Type
Proceeding contributions
Date
23 October 2025
Reference
773 c1107
House
House of Commons