THE Welsh Government has taken the unprecedented step of threatening the Welsh Assembly with legal action over a report into the alleged leaking of the sacking of former minister Carl Sargeant.

The Welsh Conservatives are due to present a motion in the Senedd tomorrow demanding the release of the report by Dame Shan Morgan, which the Welsh Government has so far refused to release.

But now the Welsh Government has served presiding officer Elin Jones with a legal notice claiming she has “acted unlawfully” by accepting the motion.

Calling the move “unprecedented”, Welsh Conservative leader Andrew RT Davies said: “This really does show the government trying to exert its influence on the legislature.

“To me this is a direct challenge to the legitimacy of the Assembly.”

He added: “I didn’t get into politics to be fobbed off by a load of white-collared civil servants.

“There’s a bloke who has lost his life here. We need answers.”

The letter served on Ms Jones, which is signed by first minister Carwyn Jones, said: “We are concerned that the Assembly has acted, and threatens to continue acting, unlawfully.

"We therefore write at this early opportunity so that you may take the necessary steps to withdraw the motion.

"This would bring the matter to an end without the need for court proceedings, which may otherwise need to be brought as a matter of urgency.”

But, in a written response to the first minister, Ms Jones said: "I have taken advice and carefully considered your argument.

"Having done so, I am not persuaded of the case which you have advanced.

"As a result, the motion remains scheduled for debate tomorrow." 

The Conservative motion relies upon section 37 of the Government of Wales Act 2006, which gives the Assembly the power to require “any person (…) to produce for the purposes of the Assembly (or a committee of the Assembly or a sub-committee of such a committee) documents in the possession, or under the control, of the person, concerning any matter relevant to the exercise by Welsh ministers of any of their functions.”

A Welsh Government spokeswoman said: “This is much bigger than any single debate.

“The way section 37 is being interpreted by the presiding officer puts Welsh Government in the perverse position where we could be compelled to publish information without regard for any other laws or rights.

“We believe this is unlawful and given the significance of the issues surrounding section 37 we will seek proper determination by the courts.”

The report into allegations the sacking of Mr Sargeant from the Welsh Government cabinet in November was leaked before it was announced found no evidence of “prior unauthorised disclosure by the Welsh Government”.

But, despite AMs backing a motion in February demanding the release of the report, with redactions to protect the identities of those who gave evidence, the Welsh Government has continued to refuse to release it.

Mr Sargeant died four days after the cabinet reshuffle.