Michael Fitzmaurice, the Independent TD for Roscommon-Galway, was unable to vote for Enda Kenny as Taoiseach in Friday's vote because of an inability to reach an agreement over turf cutting.

However, the only abstainee among the six-strong Independent Alliance could yet become a suppporter of the Government, describing the programme agreed with Independents as a good one – “if it is implemented properly”.

Mr Fitzmaurice, who was elected on a platform of addressing essentially local issues and giving voice in particular to turf cutters who oppose environmentally-driven protection of raised bogs, was trying to strike a deal on alternative locations where turf cutters could continue to harvest bogs.

“We need to get people relocated to places where they could cut turf,” he said while the Taoiseach was putting together his new Cabinet on Friday afternoon.

In the draft programme for government, turf cutting had been dealt with in a section committing the administration to rolling back, or de-designating, 45 Natural Heritage Areas (NHAs). On these, turf cutting had been banned, in line with European Union policies, to which Irish governments have agreed in order to protect the State's rapidly disappearing bogs.

“That’s good and I agree with that...I was part of writing that,” he added, saying he had a barrister trying to help him draft changes to existing restrictions.

He said that next year, further restrictions on turf cutting are due to come into force. “There’s other areas, 35 new bogs coming in for closure next year, and we haven’t solved the problem of the 53 [closed bogs] before this. So we’re waiting for one crash to come into another,” he said.

The European Union Habitats Directive was transposed into Irish law via the Planning and Development (Amendment) Act 2010, and by the European Communities (Birds and Natural Habitats) Regulations 2011. At present, there are 155 natural heritage areas.

Legal protection

Seventy five raised bogs, which are located mainly in the midlands, have been given legal protection as natural heritage areas, covering some 23,000 hectares. A further 73 blanket bogs, covering 37,000 hectares, mostly in western areas, are also designated as natural heritage areas.

It appears that the draft programme for government reference to de-designating 45 NHAs was merely restating something announced in September by Minister for Heritage Heather Humphreys.

In addition to de-designating 45 NHAs, the draft programme also promised to review the implementation of actions relating to the NHAs and, in consultation with the EU, would build on what it described as progress made on Special Areas of Conservation.

Mr Fitzmaurice wanted specific commitments on alternative locations where turf cutting could continue, notwithstanding State and EU policies on biodiversity and environmental protection, but agreement could not be reached, despite talks continuing with Fine Gael almost until the vote on Mr Kenny as Taoiseach.

Mr Fitzmaurice, who had chaired the Turf Cutters and Contractors Association and was championed as his replacement by former Leitrim TD Luke 'Ming' Flanagan when he became a member of the Europeamn Parliament, said that at present, "there's a lot of bogs where there's planes flying over them and garda cars and jaysus, we're making criminals of [turf cutters]."

Speaking on RTÉ's Six One news programme, the TD said he had worked tirelessly to get agreement on turf cutting and defended his stane, saying it was a "national issue" affecting people from Kildare to Galway to Donegal.

“For the first time ever,” he said, “we have a Dáil [where] everybody will have to work together, it will be inclusive and it won’t be this ramming through that was always there. . . I intend to be very constructive in this Dáil, no more than I was in the Dáil before this.”