God Save Our Gracious King!

National Security Adviser Met on Alleged China Spy Case Before Prosecution Collapsed

London, UK – Downing Street has confirmed that Jonathan Powell, the national security adviser, was involved in a Whitehall meeting in September to discuss the potential diplomatic fallout with Beijing concerning a high-profile alleged China spying case. This meeting occurred shortly before the prosecution against Christopher Berry and Christopher Cash was dropped.

Number 10 stated that the September meeting, which included Sir Olly Robbins, permanent secretary at the Foreign, Commonwealth and Development Office, was convened in anticipation of the case proceeding to court. The discussion focused on the diplomatic repercussions that would likely arise if the spying allegations were aired publicly in legal proceedings. However, government officials have emphasised that Mr. Powell played no role in the decision to discontinue the prosecution.

A spokesperson for Prime Minister Sir Keir Starmer defended Powell's involvement, stating, "It’s perfectly normal for the national security adviser to take part in discussions on national security that could affect bilateral relationships".

The revelation comes as Members of Parliament are set to question Security Minister Dan Jarvis on Monday regarding the reasons behind the collapsed prosecution of Mr. Berry and Mr. Cash, both of whom have vehemently denied the charges.

Sir Keir Starmer's government continues to maintain that neither Mr. Powell nor any ministers were involved in deciding the substance of the case or its evidence, nor did they exert pressure on the Crown Prosecution Service (CPS) to drop the charges.

Minister Jarvis is expected to use his statement in the House of Commons to announce new MI5 security guidance for MPs and their staff, aiming to shift the focus away from the controversy.

The timing of these developments is significant, as Sir Keir Starmer is anticipated to visit China in the coming months, and the Treasury is keen to foster commercial ties with Beijing. Government insiders have acknowledged that a prominent spy case could have significantly damaged bilateral relations.



Opposition Concerns and Official Justifications

Conservative leader Kemi Badenoch has expressed concern over a potential 'cover-up' and has written to Sir Keir Starmer seeking clarification. She questioned whether the government still maintained its position that it would have been, "impossible to argue that China was a threat in court".

Sir Keir Starmer has asserted that because the alleged offenses occurred between 2021 and 2023, any prosecution would have relied on the Conservative government's public stance at the time regarding China's threat to national security.

Downing Street has pointed to comments made by former Foreign Secretary Sir James Cleverly in 2023, who stated it was 'impossible' to summarise China in a single word like 'threat'. However, this statement was qualified by an addition that the UK would, "strengthen our national security protections wherever Beijing’s actions pose a threat to our people or our prosperity".

In a letter to MPs on October 7, Stephen Parkinson, director of public prosecutions, explained that he could not obtain witness statements confirming China was, "at the time of the offence… a threat to national security". He further elaborated that the CPS sought these additional statements after the charges were brought in 2024 due to a High Court ruling.

The ruling, concerning the interpretation of 'enemy' under the 1911 Official Secrets Act, stipulated that countries posing a national security threat would be included. Ironically, some former CPS officials have questioned Mr. Parkinson's reasoning, suggesting the High Court ruling actually made it easier, not harder, to prove spying allegations under the act.

Downing Street, however, has reiterated its position that any evidence presented must be, "consistent with the policy and threat assessment at the time of the alleged offense".

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