The Information Commissioner's Office is looking into a complaint against Wirral Council's refusal to disclose details of legal advice it was given over its decision to publish its own newspaper.

Opposition councillors believe knowing what the guidance says is crucial and are incensed it has not been placed in the public domain.

The UK's information watchdog was asked to step in after the local authority's legal chief Surjit Tour refused to reveal independent advice he had been given after instructing a barrister to examine the newspaper proposal.

A scrutiny committee back in July heard Mr Tour explain that parts of the QC’s review contained "commercially sensitive information" which prevented him from allowing the public to know what the advice actually was.

The problem the Labour-run council faces is that government "publicity code" rules stipulate town hall newspapers must only be published quarterly and should not resemble commercial newspapers. Wirral intends to publish 12 editions per year.

A Freedom of Information request by Tory councillor Ian Lewis asking for the advice to be made public was also denied.

In a written response, the council's senior information management officer Lynette Paterson said: "I consider that disclosure of the requested information could materially prejudice the council’s ability to protect and defend its legal interests and compromise its decision making.

"Therefore I consider the public interest in maintaining the exemption outweighs the public interest in disclosure.

"I am therefore refusing your request for information."

Councillor Lewis then went further and asked the ICO to step in.

The watchdog has now responded saying: "Your complaint has been accepted as eligible for further consideration and will be allocated to a case officer as soon as possible."

Councillor Lewis said: "The council is having to be dragged kicking and screaming to a position where it has to reveal whether or not the independent advice upheld their view that this publication is legal.

"There is nothing 'commercially sensitive' about that - so what have they got to hide?

"Put the barrister's advice before the public. It is they who have paid for it in the first place to the tune of £1,200.

"Let the tax-payers of Wirral decide whether or not this newspaper is a fit and proper way to spend £240,000 of their money every year."

A council spokesman said: “We are aware of the complaint.

"We believe a full response was given to this FoI enquiry, but will co-operate fully with the ICO if and when they decide to investigate further.”

A representative from the Department for Communities and Local Government told the Globe "Spending on council newspapers undermines the independent free press.

“We have been clear we expect all councils to comply with the local government publicity rules.

“If they do not we will consider what further action to take.”