2nd Report - Espionage cases and the Official Secrets Acts

The government accepts the need for improved communications and will conduct an internal exercise involving the AGO, CPS, and Cabinet Office to produce new guidance for government departments providing evidence in national security prosecutions, which will be shared with the Committee.

The government agrees that timely evidence acquisition is a priority but disputes the Committee's conclusion of delays, providing a timeline to demonstrate that witness statements were produced in a timely manner despite complex reviews.

The government clarifies the DNSA's understanding of his role as a witness of fact providing evidence aligned with government policy, and commits to producing new guidance to provide future clarity on the capacity of government witnesses in national security prosecutions.

The government heeds the Committee's caution regarding "structural parallels" in the National Security Act 2023, committing to carefully handle issues like diplomatic sensitivities and ensuring new, future-focused guidance for government witnesses addresses these challenges in future prosecutions.

The government commits to an internal exercise led by the AGO, CPS, and Cabinet Office to produce guidance for government departments on providing evidence in national security prosecutions, aiming to formalize principles and improve coordination for sensitive cases.

The government accepted the recommendation to consider and review support mechanisms and line management structures for senior officials acting as witnesses in high-profile cases, committing to cover this in new guidance being produced by the AGO, CPS, and Cabinet Office.

The government welcomes the recommendation to review the support and line management structures for DNSAs and other bound witnesses in sensitive cases, confirming this will be specifically covered within the guidance product being developed by the AGO, CPS, and Cabinet Office.

The government welcomes the recommendation to review support for bound witnesses in sensitive cases and will cover this specifically as part of the guidance product being developed by the AGO, CPS, and Cabinet Office.

The government concurred with the committee's assessment that the outdated Official Secrets Act 1911 was the root cause of the prosecution's failure, stating the National Security Act 2023 would have allowed the prosecution to proceed. They also acknowledged caution about remaining risks and reiterated the independent professional judgment of the CPS.

The government acknowledges the committee's findings and will develop new guidance for government departments on providing evidence in national security prosecutions, covering witness capacity, coordination with policing and the CPS, legal advice disclosure, and optimal statement approaches.

The government welcomed the committee's conclusion and, in response to the implied issues, committed to producing new guidance on government witnesses in national security prosecutions, covering witness capacity, coordination, legal advice disclosure, and statement formats.

The government explained that the DNSA understood he was giving evidence as a witness of fact based on his experience and position. To provide clarity on this, the government committed to producing new guidance on the capacity of government witnesses in criminal proceedings.