A former deputy chairman of An Bord Pleanala 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 making false or misleading declarations of interest to the planning authority.
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: “Ethical standards in public life matter.”
The Judge said Mr Hyde had first been appointed as a member of ABP in September 2014, just two years after the publication of the Mahon Tribunal recommendations, and said the qualified architect would have been very aware of the Planning and Development Act.
The Judge said Mr Hyde would also have signed up, as part of his contract, to the terms and conditions of ABP, and specifically those elements of its code of conduct which related to declarations of interest and any potential conflicts of interest. The judge said this specified not just adhering to the letter of the code but to the spirit of the code, and that Mr Hyde would also have been aware of his obligations under the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001.
The judge stressed that Mr Hyde was not charged with anything relating to any potential conflict of interest and the court had already heard that there had been no loss to the State and no material gain for the accused. But the judge said: "What makes these offences so serious is that the work of An Bord Pleanála is quasi judicial.
"It is at the high end of quasi judicial."
The judge said ABP fulfilled a "vast and vital function", dealing with high volume residential and infrastructure projects and therefore had "enormous power" and therefore enormous influence and consequences for the lives of citizens.
He said Mr Hyde was not being accused of corruption, nor was there any imputation of corruption, but he said it did involve a breach of trust, namely the trust that was placed on Mr Hyde on his appointment to An Bord Pleanála.
"To serve the citizens of Ireland is a great privilege, and to serve the citizens of Ireland in a position of trust is a great privilege with great responsibilities," the judge said.
Judge McNulty referred to a "serious aggravating factor" - namely that Mr Hyde was in a position of leadership and authority within ABP with significant influence and power in the planning system, including the power to overrule decisions by local authorities and ABP's own inspectors.
"It was incumbent on him to lead by example," the judge said, adding that filing annual declarations was part of this process.
"If those in authority are lax and careless and non-compliant, what will those in the ranks do? They will be careless and lax, almost as if compliance is an option."
Mr Hyde was sentenced to two months for each offence, to be served concurrently.
His defence barrister requested the sentence be suspended but the judge declined.
Judge McNulty said this would be the matter for the Circuit Court to consider.
Hyde is to pursue 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.
