A parliamentary inquiry has concluded that “systemic failures” led to the collapse of the China spy case, with MPs warning against labelling it a “one-off”.
A report from the Joint Committee on the National Security Strategy (JCNSS) criticised both the Government and the CPS, highlighting a process plagued by “confusion and misaligned expectations”.
The cross-party group of MPs and peers warned against writing off the case as an isolated incident caused by outdated espionage laws, noting that similar challenges could arise under new legislation.
Former parliamentary researcher Christopher Cash and Christopher Berry, who deny any wrongdoing, were accused of sharing secrets with Beijing between 2021 and 2023.
Christopher Cash and Christopher Berry were accused of sharing secrets with Beijing between 2021 and 2023
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The charges were dropped in September after the CPS said it could not access evidence from the Government identifying China as a national security threat, stirring up accusations of a “cover-up”.
However, the JCNSS concluded there was no proof of any intentional or coordinated effort to obstruct the prosecution.
The committee’s report read: “We appreciate that the sequence of some events has raised eyebrows.
“We did not find evidence of a co-ordinated high-level effort to bring about the collapse of the prosecution.
The CPS said it could not access evidence from the Government identifying China as a national security threat
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PA“Nor did we find evidence of deliberate efforts to obstruct the prosecution, circumvent constitutional safeguards or frustrate our inquiry.
However, the JCNSS noted: “Overall it is clear that there were serious systemic failures and deficiencies in communications, co-ordination and decision-making.
“The Crown Prosecution Service could have surfaced or escalated issues over misaligned expectations much earlier.
“The Government team likewise did not have sufficiently clear processes for escalating issues where there was a lack of clarity.”
The Government faced ‘cover up’ accusations in the aftermath of the case’s collapse
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PAThe JCNSS concluded that the main issue behind the collapsed case stemmed from challenges in applying the older law under which the charges were brought.
However, the committee dismissed claims that the new legislation had completely addressed the problem, noting potential “diplomatic sensitivities” in identifying individuals as members of a foreign intelligence service.
In its recommendations, the MPs and peers called on the Cabinet Office and security services to work with the CPS to establish clear principles for handling sensitive cases within six months.
The committee also suggested introducing a formal case “conference” within 30 days of such charges being filed to prevent future confusion over the evidence.
A spokesman for the CPS said: “We recognise the strong interest in this case. We will review the recommendations carefully and work with partners to identify where improvements can be made.
“Our decisions are made independently and based on law and evidence, and that principle remains at the heart of our work.”
A Government spokesperson said: “We welcome the committee’s report that makes clear that allegations about interference in this case were baseless and untrue.
“The decision to drop the case was taken independently by the Crown Prosecution Service. We remain disappointed that this case did not reach trial.
“Protecting national security is our first duty and we will never waver from our efforts to keep the British people safe.”
