The Constitution and Governance Committee of Cornwall Council met on Tuesday 31 March 2026 to review and update several key council protocols and frameworks. Decisions made included recommending changes to the Financial Regulatory Framework, the Code of Practice on Land and Property Transactions, and the Protocol for Member/Officer Relations, alongside approving the Annual Member Development Plan and a change to a parish council's name.

Review of Financial Regulatory Framework

The committee reviewed proposed changes to the Council's Financial Regulatory Framework, which sets out how the council's finances are managed and the standards expected of members and officers. The review focused on alignment with the new Individual Decision Days and the updated Leader's Scheme of Delegation, particularly concerning executive decision-making, key decision thresholds, and capital approvals. The proposed changes to the Financial Governance Framework and Financial Approvals Process were recommended for approval by the Council. Changes to the Financial Procedure Rules, which are administrative or grammatical in nature, were noted. Concerns were raised about the shift from quarterly to twice-yearly reporting on strategic risks, though it was explained that risk reporting would be integrated into quarterly performance reports to Cabinet.

Review of the Code of Practice on Land and Property Transactions and the Scheme of Delegation

The committee approved proposed changes to the Code of Practice on Land and Property Transactions and the resultant changes to the Council's Scheme of Delegation. These updates were prompted by changes to the Leader's Scheme of Delegation, which now allows individual Portfolio Holders to make key decisions and introduces Individual Decision Days (IDDs). The amendments aim to clarify decision-making processes for land and property transactions and reflect current practices. Discussions highlighted the need for earlier involvement of local members in property proposals and greater clarity on intentions. The committee also noted that the Council's £500,000 key decision threshold for property transactions was considered relatively low for a unitary authority of Cornwall's size. Issues relating to community asset transfers and under-value disposals were referred to the Corporate Finance and Performance Overview and Scrutiny Committee for consideration as a work programme topic.

Change of Name of St Buryan, Lamorna and Paul Parish Council

The committee approved the change of name for St. Buryan, Lamorna and Paul Parish Council to St. Buryan and Lamorna Parish Council. This change was requested by the Parish Council due to confusion caused by the village of Paul not being within the parish, despite its inclusion in the name. The village of Paul is located within the Parish of Penzance. This administrative change aims to streamline enquiries and ensure matters relating to the village of Paul are directed to the correct council.

Review of the Protocol for Member/Officer Relations

The committee recommended to the Council the approval of a revised Protocol for Member/Officer Relations. The updates align the Council's protocol with guidance from the Local Government Association (LGA) and aim to ensure clearer definitions of Member and Officer roles, introduce an informal resolution route for protocol breaches, and expand detail on statutory officer roles. The protocol now includes the Seven Principles of Public Life and new sections on communication standards and training. Discussions addressed the no surprises principle, the declaration of relationships, and the need for mirrored behaviours between Members and officers. The committee also noted that Member-to-Member relationships were not explicitly covered and suggested this could be a future work programme item.

Operation of Provisions Relating to Special Urgency and Call-in

The committee noted the number of times urgency provisions had been used for executive decisions in the municipal year 2025-2026 and concluded that, based on the evidence, no changes to the provisions were currently required. Urgency provisions were used on eight occasions for executive decisions taken by the Leader, Portfolio Holders, or officers between May 2025 and February 2026. These included decisions related to parking orders, active travel grants, road contracts, air services, and skills bootcamps. It was noted that no call-ins had been requested by Overview and Scrutiny Committees during this period. The committee was assured that urgency provisions are not used lightly and require clear justification.

Annual Member Development Plan 2026-2027

The committee approved the Annual Member Development Plan 2026-2027 and recommended the removal of the mandatory e-learning requirement from the Member Development Strategy. The decision to remove mandatory e-learning was based on feedback indicating it had not operated as intended, lacked sanctions for non-completion, and involved considerable officer resources. E-learning modules will remain available, and online sessions via Microsoft Teams may be provided. The plan includes refresher training, committee-specific training, and sessions on topics such as planning, the budget, and the Code of Conduct. Authority was delegated to the Monitoring Officer, in consultation with the Chair and Group Leaders, to make further additions or changes to the Plan.

Review of the Overview and Scrutiny Protocol

The committee recommended an update to paragraph 5.4.7 of the Overview and Scrutiny Protocol to clarify the distinction between a participating observer and a witness in the context of task and finish work. This clarification aims to provide better definition for these roles, supporting the agreement of work scopes and ensuring transparency. A table differentiating the roles and responsibilities of participating observers and witnesses was proposed for inclusion in the Protocol. No other significant changes to the Protocol were recommended.