Key China spy case witness removed 'enemy' from evidence under Tories

In a letter to MPs, Deputy National Security Adviser Matthew Collins said the word 'enemy' was included in a draft witness statement written when the Conservatives were in office. However, he told investigators that he denied using the term 'enemy' in relation to China because it did not reflect government policy.

The Conservatives have accused Prime Minister Sir Keir Starmer of allowing the case to collapse earlier this year by failing to identify China as a threat to national security.

"Collins' letter and evidence by others published today underline that the government's position has been laid out repeatedly," the PM's official spokesperson said. "The government's position at the time of the suspected crimes has been consistent throughout."

According to Downing Street, these documents are proof that no political interference from the current government exists, that no minister or special adviser was involved in the findings, and that witness statements cannot be released. These are all claims the Conservatives have argued to the contrary.

In the midst of a squabble over who was to blame for the trial's demise, the Crown Prosecution Service (CPS) is now being blamed for the prosecution's failure. Christopher Cash and Christopher Berry, who deny the charges, were charged in September.

According to Stephen Parkinson, who heads the CPS, the case fell apart because evidence could not be obtained from the government referring to China as a national security threat.

Last week, the Joint Committee on the National Security Strategy, which is made up of senior MPs and peers, opened an investigation and has obtained evidence from Collins and others. It stated that evidence submitted to Parliament by the Director of Public Prosecutions is likely to be published later today. Collins, who will give evidence at a hearing next week, is one of those testifying.

Collins, a lawyer who gave three witness statements—two written while the Conservatives were in office and one under Labour—will appear before the committee next week. Last week, the three statements were released by the government. Collins' first witness statement, released on 22 December 2023, outlined the UK's policies against China as they stood under the then-Tory government. He said China posed an "epoch-defining challenge," using language that matched government policy at the time.

Collins, the Deputy Head of National Security (DNSA), has now submitted evidence in a letter to the committee before appearing in front of MPs.

Statement Amended

Cash and Berry were arrested under the Official Secrets Act 1911. Under the Act, anyone suspected of espionage can only be prosecuted if the information they obtained was helpful to an 'enemy'.

In his letter, Collins wrote that Counter Terrorism Police (CTP) asked him to appear as a witness in the investigation in August 2023, requiring information that explained the 'enemy' designation needed to bring a prosecution under the 1911 Act.

Collins said his legal counsel worked with junior officials to draft a text that could be used as the basis of a witness statement. He said he reviewed the draft wording and "updated the statement to ensure factual accuracy and that it was in accordance with current government policy."

"These amendments reflected the DNSA's evaluation of the evidence submitted by operational consultants, based on his professional experience in advising the prime minister on national security risks, and accurately represented the government's assessment of the various national security threats posed by China," Collins said in his letter.

The term 'enemy' was included in the initial draft, but he deleted it from the final version because it did not reflect government policy. Collins said he delivered a final version of the draft to Prime Minister Rishi Sunak and his special advisers at the time. At this point, he said he had been warned that he "could not refer to China as an 'enemy' because it did not represent government policy."

Prosecutors were made aware of this in December 2023, before charges were brought. He said police asked him to give two more witness statements, which he submitted in February and August this year. Collins said when police requested the third witness statement, CTP made it clear "that they were only asking for the government's view of the threat from China at the time when the offences were committed."

Lord Hermer, Labour's Attorney General, has also testified to the same committee. He said he was told on 3 September that prosecutors were dropping the case, but that he did not have to warn other ministers, including the Prime Minister. Lord Hermer said he received regular CPS reports in August that indicated the trial was likely to proceed. However, DPP Parkinson announced the decision to dismiss the case during a meeting on 3 September. At the DPP's behest, Lord Hermer kept the information private until police and defendants were notified.

"It is not unusual for law officers to be ordered to keep information regarding individual prosecution decisions confidential, even from senior colleagues," the Attorney General said.