Former deputy chair of An Bord Pleanála Paul Hyde handed two-month jail sentence
Chairman Former Bord Pleanála Hyde An Deputy Paul Picture: Of Dan Linehan
The former Deputy Chairman of An Bord Pleanála, Paul Hyde, has received two jail sentences of two months each for breaches of planning laws, with the sentencing judge stating that "ethical standards in public life matter".
Mr Hyde, 50, had pleaded guilty last Tuesday to two offences contrary to Section 147 of the Planning and Development Act 2000, with Judge James McNulty hearing that one small parcel of land in Cork city—known as a "ransom strip"—had not been declared by Mr Hyde in 2015, and that in 2018 he had failed to declare properties which he still owned but to which receivers had been appointed.
Judge McNulty had deferred any decision to Friday morning in Bandon, ultimately outlining how the "mid-range" sentences of two months were appropriate and proportionate in the case.
He said: "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 non-compliance is an option."
The judge—who heard that Mr Hyde's sister was a shareholder in the company which acquired the so-called "random strip" in 2017—"politely and respectfully declined" a last-minute appeal by Mr Hyde's barrister, Paula McCarthy, for the sentences to be suspended. An appeal was immediately lodged on Mr Hyde's own bond of €100, no cash required.
Mr Hyde, who lives at 4 Castlefields, Baltimore in Co. Cork, had pleaded guilty last Tuesday to the two charges, on a full facts basis, and with the State outlining how seven other summons would be withdrawn at the conclusion of court proceedings.
However, when the case resumed in Bandon on Friday, Judge McNulty outlined a range of supplementary questions to which he wanted answers.
The judge first asked both legal teams for clarification on a number of issues, asking to see the deed of transfer first effected in 2017 of the so-called “ransom strip”, a small parcel of land in Pope’s Hill in Cork city referred to in court as BEV 59 and close to other properties that in 2014 were owned by Mr Hyde. John Berry, barrister for the State, said a digital copy could be provided.
That 2017 transfer did not appear in Land Registry records until 2019 and Judge McNulty then asked if, when the plot was transferred to a company he named in court as Planica Holdings Limited, Mr Hyde held or subsequently went on to hold any shares in that company.
The judge then asked if the accused, in his role as a member of An Bord Pleanála, made or contributed to making any decision of any kind relating to any property or land in the vicinity of the so-called “ransom strip”, BEV 59.
The judge next asked if in the scenario that Mr Hyde had made or contributed to any such decision relating to any land or property in the vicinity of the plot, whether there had been a challenge or legal proceeding arising from that decision.
The judge then asked—based again on whether the accused had any shareholding in the company that acquired the “ransom plot” in 2017, and allowing for the fact that it did not become effective until 2019 with the Land Registry—it ought to have been declared in 2018.
The judge queried if that would mean that any deficiency when it came to the 2018 declaration of interests required by Mr Hyde was not limited to the properties to which receivers had been appointed, and to which he had admitted he had not included in the declaration in 2018 in the mistaken belief that he did not have to as he had no day-to-day control over them by that point.
The court resumed 30 minutes later with Mr Berry outlining how the digital deeds of transfer had been provided. Judge McNulty noted how this had attached a value of €20,000 to BEV 59.
On the question of whether Mr Hyde had any shareholding in the company that acquired the plot, Mr Berry said that was not the case. "There is no shareholding that the State has been able to disclose in that company," Mr Berry said.
The court did hear of an email address, Paul@hyde.ie, that Mr Berry said was associated with that limited liability company. "I understand that Mr Hyde's sister is a director of Planica Holdings Ltd," Mr Berry said.
However, he added that as there was no evidence of Mr Hyde having any shareholding interests in the company, no evidence could be produced in relation to the other questions. Mr Berry also stressed that Mr Hyde had been prosecuted regarding alleged breaches of Section 147 of the Planning and Development Act, relating to false and misleading declarations, and not under Section 148 of the same Act, which related to matters of influence.
Judge McNulty then delivered his verdict, with reference to the work of the Planning Tribunal, its recommendations, the responsibilities of public servants and particularly those in positions of trust, and the plea in mitigation for Mr Hyde.
The judge said Mr Hyde had first been appointed as a member of An Bord Pleanála 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.
Hee said Mr Hyde would also have signed up, as part of his contract, to the terms and conditions of An Bord Pleanála, 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.
Regarding Mr Hyde omitting the BEB 59 "random strip" from his 2015 declaration, the judge said, "in any event, he gave himself the benefit of the doubt". The judge queried elements of this and noted that the plot did have a stated value of €20,000 on the deeds of transfer from 2017.
Judge McNulty 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:
The judge said An Bord Pleanála 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 the Bord.
"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.
While Judge McNulty said the offences were not at the most egregious or heinous end of the scale, they were not at the lowest end either. He suggested they warranted a three-month sentence, but then referred to a "serious aggravating factor"—namely that Mr Hyde was in a position of leadership and authority within An Bord Pleanála with significant influence and power in the planning system, including the power to overrule decisions by local authorities and An Bord Pleanála'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."
Judge McNulty said four-month sentences were appropriate, but taking the plea in mitigation into account, including Mr Hyde's circumstances, he applied a sentence of two months on each charge, to be served concurrently. That mitigation included Mr Hyde's early guilty plea, his level of co-operation with investigators, his lack of any previous convictions, and his good character.
Ms McCarthy sought to have the sentences suspended and stressed that the court had never been told BEV 59 had no value, but that the value was of "de minimus" or small value. Mr Hyde lodged an appeal and the matter is now likely to go to the circuit court.