The Western Morning News has issued a legal challenge to the Government over its attempt to “cover up” a secret report.

Transport Minister David Jamieson has refused to publish a document commissioned by the Highways Agency about the Saltash Tunnel in Plymouth because he says its contents are potentially libellous.

But the Plymouth-based daily paper has discovered that the official report carries legal privilege, which means that the author could not face any kind of libel action if its content went public.

The WMN has now lodged a letter with the Department of Transport challenging their decision to keep the report secret under the Code of Practice on Access to Government Information.

It wants to know why an estinated £8m of repairs is not being charged back to the original contractors, who were paid some £11m in 1988.

The paper believes that the libel excuse is “unjustified” and that publishing the report would end growing speculation about its contents.

In a letter to Mr Jamieson the WMN said that his decision not to publish the report was “fatally flawed.”

It said: “As the report was commissioned by the Highways Agency, an executive agency of the Government, its published documents have the right of qualified privilege, protecting its author from legal action.

“The public has an unequivocal moral right to see this information.

“The Saltash Tunnel was built with £11m of the public’s money and the current £8m project to line the tunnel is being funded from the same source. The report was also commissioned by a public body, the Highways Agency, with public expenditure.”

Once the letter arrives, the Department of Transport has 20 days to respond. If after an appeal it continues to block publication, a complaint can be lodged with the Parliamentary Ombudsman.

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