Carl Sargeant: 'Trust issue' between assembly and government

Carl Sargeant was found dead four days after he was sacked as communities secretary

It could take a long time to rebuild trust between the assembly and Welsh Government amid a row about an inquiry following the death of a minister, an expert has said.

A bid to force publication of a report into whether Carl Sargeant's sacking was leaked failed on Wednesday.

First Minister Carwyn Jones threatened legal action against the assembly.

Dr Huw Pritchard at the Wales Governance Centre said the situation was "uncertain".

The leak inquiry was ordered after Alyn and Deeside AM Mr Sargeant was found dead days after being sacked from his cabinet post as communities secretary following allegations about his conduct towards women.

It found no "unauthorised" leaking of information on his sacking but its full details were withheld over fears about the confidentiality of witnesses.

On Wednesday, the Conservatives had tried to use a debate to force the Welsh Government to publish the inquiry report.

They had attempted to use part of the Government of Wales Act - Section 37 - to make the document public, but did not win a vote in the Senedd.

Earlier this week the first minister had threatened legal action against the assembly over Wednesday's debate, saying a "lack of clarity" in the current rules could "potentially" make any government document releasable.

• Bid to publish Sargeant report fails

• Court threat over Sargeant report debate

• Timeline: The death of Carl Sargeant

Dr Pritchard, legal and constitutional expert at the Wales Governance Centre, said Section 37 was only used in "exceptional circumstances" but that the government's threat of legal action against the assembly had been "heavy handed" and unique.

"The real issue highlighted last night was of the trust between the government and the assembly, they need to come to some sort of better understanding between each other," he said.

"We probably won't see that until all the investigations are concluded and released."

Dr Pritchard added that Section 37 was a strong power, which can be used in circumstances if ministers refuse to appear before the assembly or publish evidence.

He said it should be considered on a case by case basis, adding it would be difficult to create a long-standing precedent from such "exceptional and tragic circumstances".

Elin Jones thinks the row over the Government of Wales Act should be settled at business committee

The assembly's presiding officer Elin Jones has called for senior AMs from all parties in the assembly to discuss the disagreement over the interpretation of part of the law.

An assembly spokesman said Ms Jones - who has received a proposal from the Welsh Government for how the law could work in future - will suggest the issue is discussed by the assembly's business committee.

The committee is a major part of the operation of the assembly and is made up of senior representatives from all the party groups.

The Welsh Government wanted to delay the debate to seek clarity on the law.

Carwyn Jones had threatened to take the assembly to court over a debate on a leak inquiry

Mr Jones warned on Tuesday a "Pandora's box" had been opened by the Tories' debate.

But the assembly went ahead and held the debate despite the legal threat. The Conservative motion calling for the publication failed to pass.

A Welsh Government spokesman said ministers "have offered to work" with the assembly commission "to develop a sensible way forward" for the interpretation of the law "which avoids the need for legal action".

"If the commission declines our offer to work with us to develop a sensible protocol to provide greater clarity to members, we will seek proper determination by the courts," he said.

It was understood late on Wednesday that the situation had not changed.

A spokesman for the assembly confirmed the presiding officer had received a "draft skeleton protocol" from the Welsh Government and would consider it "in detail".

He added: "Equivalent powers to Section 37, requiring the release of documents, are held by all of the parliaments of the UK and have been exercised successfully."