No criminal action for council leader over 'jobs for pals' claim

Martin Dowey stepped aside temporarily in April after a recording of him emerged

The former leader of South Ayrshire Council will face no criminal action after a police investigation over alleged procurement fraud.

However, a separate investigation is continuing to look at whether Councillor Martin Dowey breached the councillors' code of conduct.

The investigation followed the emergence of a recording of a meeting between him and a businessman, in which Cllr Dowey talked about the procurement process. He said the company would have to make a bid that would get them shortlisted for a contract.

In April, the 56-year-old temporarily stood down from his role, saying he had "acted properly at all times" and calling for a full investigation to "clear this up".

The Sunday Mail reported that it was given a 2023 tape of Cllr Dowey where he called council officers "useless" and boasted that "all the top ones I can sack".

The Conservative councillor also appeared to promise help to secure multi-million pound demolition jobs, including work at Ayr's fire-damaged Station Hotel.

He said: "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 cannae say that."

When asked if he promised they would get the contract, Cllr Dowey tells them that they are the only ones who are able to do the work.

It is understood that, at the time, no company had been found by the council to undertake the work via their HubSW procurement framework.

'Very hard on my family'

The Ethical Standards Commissioner is tasked with undertaking an investigation into councillors, then presenting their findings, along with a recommendation, to the Standards Commission for Scotland.

The Standards Commission can then agree or disagree with the findings and take action, such as suspension or censure.

While the content of the recording may not have been deemed criminal, there is a lower bar for whether it breaches the code of conduct.

The ESC said an investigation was still taking place.

A Police Scotland spokesperson said: "We received correspondence which has been assessed, and no criminality has been established at this time."

Councillor Dowey insists the company had been dealing with then Assistant Chief Executive Mike Newall at the time.

AHe says a group from the company arrived at council offices unannounced, claiming a grievance with a job that they had already been asked to carry out.

He said: "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.

"So I answered the questions as best I could and then got in touch with Mike to tell them, 'these guys are in my office and aren't happy'."

He admitted that he shouldn't have said what he did about officers.

He added: "This has been very hard on my family, so I am pleased that the police investigation has shown there was no criminality."

Story by Local Democracy reporter Kevin Dyson.