Security adviser made ‘independent decision’ to use Labour policy in Chinese spy statement
A Labour minister has claimed the deputy national security adviser made an “independent decision” to use what appeared to be the political party manifesto’s wording in his witness statement provided to the the Crown Prosecution Service (CPS) regarding the alleged collapsed spying case.
Cabinet Office minister Chris Ward doubled down on political claims that the Labour government did not interfere with evidence provided to prosecutors before a case against alleged Chinese spies Christopher Cash and Christopher Cash collapsed.
In a statement to parliament, Ward said information stating the UK wanted to have a “positive” relationship with China in additional witness statements provided by deputy national security adviser Matthew Collins, who is part of the civil service, represented “broader context”.
Ward also said the two additional witness statements provided since Labour came into office were “consistent” with the main witness statement handed to the CPS in December 2023.
He also said Collins’ decision was “independent” and taken “freely”, with the government remaining disappointed the case did not proceed.
Tugendhat hits out at Starmer
The Labour minister was also heckled by former Tory government-era security minister Tom Tugendhat, who accused Ward of “playing politics” and being a “petty little man”.
In an emotional statement, Tugendhat, whom witness statements say was spied on by Cash and Berry, said: “My home has been broken into, my files have been ransacked, someone has been put into my office by a hostile state. And two parties are playing politics with it.”
Tugendhat also blamed Keir Starmer for failing to take leadership over civil servants and handing power over to mandarins.
“Who the hell’s side are you on?” The former security minister asked.
Keir Starmer denied suggestions on Wednesday that government ministers or special advisers leant on a senior civil servant to temper witness statements provided to prosecutors in light of the UK’s ambition to build trade ties with China.
Starmer has also insisted that only Tory government-era policy could be used as evidence in the case given offences alleged to have been committed by researchers Christopher Cash and Christopher Berry, who both maintain their innocence, were between 2021 and 2023.
But the publication of witness statements provided by the deputy national security adviser Matthew Collins has raised questions over why current government policy on China was referenced.
While witness statements highlight the “espionage threat” that China posed and references “a pattern of malicious cyber activity by Chinese state-affiliated organisations”, in an additional statement provided to the CPS in August this year, Collins said the government was “committed to pursuing a positive economic relationship with China”.
The statement also appears to re-hash wording used in Labour’s manifesto before last year’s General Election.
Government’s position ‘falling apart’
The statement said the UK intends to “cooperate where we can, compete where we need to, and challenge where we must”.
By comparison, the Labour Party manifesto said the UK should “co-operate where we can, compete where we need to, and challenge where we must”.
The Tory opposition and top lawyers are questioning why the statements were included despite assertions that the Labour government did not interfere with the case.
Kemi Badenoch said: “The Government’s story is falling apart under scrutiny, and the only thing that is clear is that the Prime Minister knew the spy case was collapsing but did not act.
“It’s time for Keir Starmer to come clean and publish all the China files so we can get to the bottom of this mess. He clearly doesn’t have the backbone to stand up to Beijing”.
Stephen Kinnock, a government minister, told Times Radio on Wednesday morning there was “very little difference” between witness statements provided before and after Labour came to power.
Prosecutors and Labour to face scrutiny
Questions are also being raised over how Starmer reacted to the news of the CPS’ decision to bin the Chinese spy case as he was warned about the decision a couple of days before it was made official.
A political row erupted after reports in the Telegraph and The Sunday Times indicated the case collapsed after national security adviser Jonathan Powell, who is a political appointee, warned the prosecution could affect the UK’s relationship with China and discussed the provision of evidence with Collins.
The CPS said it had tried to obtain further evidence from the government “over many months” before collapsing the trial.
Stephen Parkinson, the director of public prosecutions at the CPS, held a meeting with MPs on the Foreign Affairs, Justice and Home Affairs Select Committee on Wednesday night, telling them the prosecution was “5 per cent” short of being able to proceed with the case.
Parkinson also faces tough questions over why the CPS felt the case couldn’t proceed.
Both Cash and Berry deny all allegations of spying for China.