Former South Ayrshire Council Leader Martin Dowey will face no criminal charges following a police investigation into alleged procurement fraud, it has been confirmed. Police Scotland assessed correspondence regarding the matter and found no criminality at this time. This outcome brings a degree of relief for Dowey, who stated the process has been very hard on his family.

However, a separate and ongoing investigation by the Ethical Standards Commissioner (ESC) continues to scrutinize whether Councillor Dowey breached the councillors' code of conduct. This probe is distinct from the police inquiry, operating with a 'lower bar' for establishing a breach compared to a criminal offense. The ESC's role involves investigating councillors and then presenting findings and recommendations to the Standards Commission for Scotland, which has the authority to take actions such as suspension or censure.

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The ESC investigation centers on a recording of a meeting between Councillor Dowey and a businessman, which ultimately led to Dowey's resignation as Council Leader in May. In the recording, Dowey discussed the procurement process, indicating how the company would need to make a bid to be shortlisted for a contract. He was heard saying, "If you are in the final three we decide who we pick but if you are not in the final three I can’t say ‘wait a minute, my pals aren’t on it’ or whatever, you canny say that.” Furthermore, when questioned about promising the company the contract, Dowey suggested they were the only ones capable of the work. It is understood that at the time, the council had not identified a company to undertake the work through its HubSW procurement framework.

The recording also captured Councillor Dowey making inappropriate comments about council officers, referring to them as 'f****** useless' and claiming he could 'sack' senior managers. These statements, along with his interactions regarding the procurement process, are central to the code of conduct inquiry. The code of conduct explicitly addresses how councillors should handle lobbying, defining it as being approached by individuals or organizations seeking to influence them for financial gain or advantage, particularly those pursuing business with the council.

It mandates that councillors, when responding to such lobbying, must consider an 'objective test' – whether a member of the public, with full knowledge of the facts, would reasonably perceive their conduct as influencing council decisions.

Councillor Dowey provided his account of the events, stating that a group from the company arrived unannounced at the council offices, claiming a grievance related to a job they had already been asked to perform. He recalled, “There were five of them and they were asking very pointed questions. I knew that there were difficulties with getting a contractor for the Station Hotel and that the company was in contact with Mike Newall.” He explained he answered their questions as best he could before contacting then Assistant Chief Executive Mike Newall about the situation. Dowey admitted that he should not have spoken about officers in the manner he did.

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Amidst these investigations, Central Ayrshire MP Alan Gemmell and Ayr, Carrick and Cumnock MP Elaine Stewart have called for an independent review into the awarding of building contracts and subcontracting arrangements since Martin Doweybecame leader in 2022. They believe such a review would help restore public confidence regarding potential conflicts of interest or breaches of council processes. South Ayrshire Council, however, has stated it would not be appropriate to comment on the matter, citing that the complaint was raised by a 'third party'. The Ethical Standards Commissioner confirmed that its investigation is still ongoing.