The Attorney General will be asked to clarify issues relating to farmers' property rights and occupiers' liability as part of the proposed national countryside recreation strategy.
Concerns about the legal implications for farmers of granting access to lands were again raised by the ICMSA during this week's meeting of Comhairle na Tuaithe which finalised and agreed the strategy report.
ICMSA president Jackie Cahill had warned his organisation would withhold support for the strategy unless farmers' rights were fully protected.
Mr Cahill had said there was no way the ICMSA could be party to a report which provided for greater access if this was to the detriment of land owners, both in terms of their property rights and exposure to public liability.
However, after the comhairle unanimously accepted ICMSA amendments to the strategy document relating to those concerns, the ICMSA's representative endorsed the strategy document this week.
The amendments recommend that Minister for Rural, Community and Gaeltacht Affairs Éamon Ó Cuív secure clarification from the Attorney General that landowners' property rights will not be affected by expanded access.
The Attorney General will also be asked to clarify occupiers' liability issues.
The ICMSA wishes to ensure that a person gaining access to land for recreational purposes will never gain any property rights, and that there should be complete removal of any liability from a landowner in relation to persons coming on to their lands.
All other members of the comhairle except the Irish Farmers' Association (IFA) have endorsed the strategy which will now be considered by the Minister.
Mr Ó Cuív has indicated substantial approval for the document which will be published late this month. It must also be approved by Cabinet.
Comhairle na Tuaithe was set up by the Minister in 2004 to address issues relating to developing access to the countryside and to formulate a countryside code and countryside recreation strategy.
It has some 20 members, including tourism marketing bodies and organisations representing recreational users of land.
In rejecting the proposed strategy, the IFA complained it had "failed farmers" because it did not support IFA proposals for payments to farmers who allowed walkers on to their lands.
The IFA had advanced a scheme which involved a payment of €5 per metre, the cost of which was estimated at around €400 million.
Other members of comhairle and the Minister rejected any scheme involving payment of compensation for access but expressed support for a scheme under which farmers would receive some payment for development and maintenance of walkways. The Minister said he was supportive of making payments available under the Rural Social Scheme.
