Gavin Williamson will not face investigation into Huawei leak, says counter-terror chief

'I am satisfied that the disclosure did not amount to a criminal offence, either under the Official Secrets Act or Misconduct in a Public Office'

Former defence secretary Gavin Williamson will not be charged over the National Security Council leak about Chinese tech giant Huawei, the head of national counterterror policing has suggested.

Assistant Commissioner Neil Basu said he was “satisfied” that the details disclosed to the media did not “contain information that would breach the Official Secrets Act”.

Mr Basu said he had made the assessment after speaking to the Cabinet Office regarding the nature of the material discussed at the top-secret meeting.

He said: “I have considered all the information available to me and I have taken legal advice. I am satisfied that the disclosure did not amount to a criminal offence, either under the Official Secrets Act or Misconduct in a Public Office. No crime has been committed and this is not a matter for the police.”

Leaked reports from the meeting last month suggested that Theresa May had cleared Huawei to be involved in “non-core” elements of the 5G network, such as antennae.

Ms May was said to have overruled five ministers who expressed concern about the company’s involvement. Specifically that it might provide a route for Chinese spying and undermine allies’ confidence in the security of UK communications.

Gavin Williamson was later sacked as defence secretary after the PM said there was “compelling evidence” he was behind the leak – something he denies.

Mr Williamson had called for this evidence to be handed over to the police in a bid to clear his name. But The Independent learned that the Cabinet Office has refused to release it to him and Theresa May has publicly declared “the matter closed”.

In a statement, Mr Basu, head of the Met’s Specialist Operations, added: “Any organisation has the right to conduct an internal investigation into conduct in the workplace. It is not a matter for the police unless a crime is alleged.

“At no time have the police been provided with evidence by the Cabinet Office that a crime has been committed nor has it been suggested that a Gateway process would be required to enable that determination to be made.

“No crime has been alleged by the owner of the material and I am clear that the leak did not cause damage to the public interest at a level at which it would be necessary to engage misconduct in a public office. It would be inappropriate to carry out a police investigation in these circumstances.”

Additional reporting by Press Association