The Constitution and Governance Committee of Cornwall Council met on Tuesday, 7 January 2025, to discuss several key procedural and governance matters. The committee approved recommendations to amend Council Procedure Rules regarding extraordinary meetings, the submission of motions, and public questions, as well as changes to the governance arrangements for council-owned entities. Additionally, a recommendation was made to the Council that the Chairman of the Audit Committee should not be from the administration.

Review of Council Procedure Rules

The committee discussed and recommended amendments to several Council Procedure Rules to codify existing agile working practices and address recent issues. Council Procedure Rules 3.1(iii) (Calling of Extraordinary Meetings), 3.2 (Motion to Remove the Cabinet Leader), and 12 (Motions on Notice) will be amended to formalise the submission of requisitions and motions via email, with a deadline of two working days for confirmation of support from members. This aims to provide clarity and certainty regarding the number of supporters for such submissions.

Rule 4.2.2 (Allocation of Substitutes) will be amended to clarify procedures for substitutes and online participation. The new rule states that substitutes must attend in person, and if a substantive member who has appointed a substitute attempts to join remotely, they will be excluded from the remainder of the meeting. This aims to prevent confusion and potential undue influence.

Council Procedure Rule 10 (Questions from the Public) will be amended to disallow public questions at Extraordinary Council meetings convened specifically to determine a motion to remove the Leader. This is because such meetings are considered procedural and emotive, and it is felt that members of the public will have already made their views known to elected representatives. The rule will not be amended in relation to public questions on reports that are to follow.

The committee also considered the matter of prayers at Council meetings. After discussion, it was resolved that there would be no recommendation made to the Council regarding this issue, meaning the current practice will remain unchanged.

Review of Article 21 - Governance Arrangements of Council Owned Entities and the Protocol for Governance Arrangements of Council Owned Entities

The committee recommended the approval of proposed changes to Article 21 – Governance Arrangements of Council Owned Entities, to be implemented immediately. Subject to Full Council's decision, the proposed changes to the Protocol for Governance Arrangements of Council Owned Entities will also be approved. Furthermore, delegated authority will be provided to the Head of Commercial Services to make minor amendments to the Protocol, including grammatical and legislative compatibility adjustments. A review of the appointment and involvement of Members on the boards of council-owned companies will be conducted after the 2025 election.

The report highlighted that the review of Article 21 and the Protocol was necessary due to updated guidance and to reflect on the operation of council-owned entities since their implementation in 2020. The amendments aim to clarify the roles of Council decision-making forums and individual Members and Officers concerning the performance and governance frameworks of these entities. Discussions during the debate noted typographical errors in the report and a past issue where members lacked sufficient relevant experience and faced conflicts of interest when serving on company boards. It was suggested that this aspect should be re-examined by the new administration following the May 2025 elections. Members were reminded of their involvement through Overview and Scrutiny Committees and the Audit Committee, as well as the shareholder function.

Audit Committee Chairman and Vice-Chairman

The committee recommended to the Council that the Chairman of the Audit Committee should not be from the administration. This recommendation aligns with a previous decision regarding Overview and Scrutiny Committees and aims to ensure an objective, rather than political, approach to the Audit Committee's work. While a government consultation on audit committee chairing arrangements is ongoing, the committee decided not to postpone its decision, acknowledging that the new Council could revisit the matter after the May 2025 elections. There was a general consensus that current arrangements were working well, with groups tending to appoint members who took their responsibilities seriously.