Former construction minister Nigel Griffiths is set to face further questioning over his intervention in the Bath Spa scheme after it emerged that he had not been briefed by his department on the affair

Bath and North-East Somerset council (Banes) is considering whether to approach prime minister Tony Blair, who monitors the ministerial code of conduct, because it thinks Griffiths used his role as construction minister to unfairly criticise the council’s role in the project. The scheme is five years late and almost £30m over budget.

The council had been trying to get hold of a copy of Griffiths’ briefing for a debate on cost effective buildings in the House of Commons on 9 March, in which he called Banes “the most incompetent council in the country”. The DTI’s new secretary of state Alan Johnson blocked the application to see what Griffiths was told by civil servants.

But the DTI has now admitted for the first time that Griffiths was never briefed on the project, despite appearing on the floor of the Commons as construction minister. The DTI says his information was obtained from reading press reports.

In a letter sent to the council that has been seen by Building, DTI permanent secretary Catherine Bell wrote: “I confirm that my department does not hold any information on the Bath Spa project and that the briefing for the above debate did not contain any material on the Bath Spa project.”

The disclosure indicates that Griffiths, who is now deputy leader of the Commons, was not briefed for the debate nor for his visit to Bath in February, which prompted him to call Banes “the most incompetent council in Britain” and “the client from hell”. It also suggests he was not briefed when he invited the council, architect Grimshaw and contractor Mowlem to his Commons office in early 2004 to try to find a solution to the crisis.

Malcolm Hanney, the council’s elected executive member for resources, confirmed this could result in the council referring the matter to the prime minister. He said: “What this shows is that at no time was Nigel Griffiths briefed in relation to Bath Spa. It effectively confirms he was acting in a non-ministerial, non-departmental capacity.”

The DTI letter also revealed that the Griffiths affair had become a matter of concern for Patricia Hewitt, his former boss, who undertook a review of the case, and Johnson, who has spent ministerial time working out whether to release Griffiths’ briefing.

Hanney has now asked the permanent secretary of the DTI to give an apology to the council.