LAST UPDATE | 30 Jun 2023

FORMER DEPUTY CHAIR of An Bord Pleanála Paul Hyde has been sentenced to two months’ imprisonment after pleading guilty to breaches of planning laws.

Paul Hyde, of Castlefields, Baltimore, Co Cork, pleaded guilty on Tuesday to two instances of making false or misleading declarations of interest to the planning authority under section 147 of the Planning and Development Act 2000.

The architect resigned from his position on the board in July 2022 after controversy relating to his failure to declare a conflict of interest disclosure in relation to a planning decision.

Sentencing Hyde on Friday at Bandon District Court, Judge James McNulty said: “In all the circumstances, the offences are still serious offences and sadly they involve a breach of trust.”

He said openness, transparency and accountability in governance as well as independent, impartiality and integrity are among the “important pillars” on which a prosperous economy and modern democracy are built.

Judge McNulty noted that the planning board was at the high-end of the quasi-judicial system which has vast and vital functions as an appeal process for citizens and in making decisions on infrastructure and high-value strategic developments.

He said An Bord Pleanála has “enormous” power and influence on the lives of Irish citizens.

He said members in this special position cannot be “above reproach”.

Judge McNulty said to serve citizens from a position of trust is a “great privilege with great responsibility”.

The judge acknowledged there was no derived benefit from his failure to make a complete declaration nor any imputation of corruption against Hyde.

However, the judge said his level of culpability was “very high” and the offending was at the mid-range of the scale.

Judge McNulty said the importance of declarations of interests of members under section 147 of the act is “abundantly clear” and Hyde “must have been aware” of his various other obligations to make accurate disclosures.

He said given the seriousness of the offence and the high-level of culpability, neither a fine nor community service would be adequate, adding the court was also mindful of the objective of deterrence in sentencing.

“Regrettably and sadly for the accused, the court considers a custodial sentence is warranted.”

The judge added there was a “serious aggravating factor”.

“The accused was in a position of both leadership and authority within An Bord Pleanála.”

Judge McNulty said Hyde had significant influence and power within the planning system and it was “incumbent on him to lead by example”.

He said: “Filing an annual declaration was easy but it was essential that the declaration be full, complete and accurate.”

And the judge added that if those in leadership were lax or careless in these duties, others in lower positions would also: “Almost as if compliance was optional.”

The judge determined the appropriate sentence with this aggravating factor would be four months.

However, having regard for the early guilty plea and cooperation with the investigation as well as Hyde’s personal circumstances and lack of previous convictions, the judge said the “court has some sympathy for the accused”.

He was given the “most gracious discount” of a 50% reduction in the sentence.

Hyde was sentenced to two months for each offence, to be served concurrently.

The judge, who had earlier described himself as a “curious cat”, said there was “broad public interest” in the case.

Judge McNulty said planners at all levels from county councils to the top of An Bord Pleanála should not “reassured and not alarmed” to hear the ethical nature of their work revisited, their statutory duties emphasised and “the likely consequences of any breach clarified”.

“In conclusion, it should be clear that ethical standards in public life matter.”

Hyde had been prosecuted under nine summonses for alleged breaches of section 147 of the act between 2014 and 2022, and had pleaded guilty to two offences relating to incidents in 2015 and 2017.

The DPP withdrew the other seven summonses and Hyde immediately began the process of appealing against the sentence.

Defence barrister Paula McCarthy requested the sentence be suspended but the judge said this was “politely and respectfully declined”.

Judge McNulty said this would be the matter for the Circuit Court to consider.

Hyde is pursuing an appeal against the sentence.

Judge McNulty said the court would place no obstacle against that and he could be released on his own recognisance of 100 euro.

After the hearing, Hyde walked out of the courthouse and was driven away in a car by another man.