Labour leader Brendan Howlin has questioned whether Government Ministers are entitled to support their own Bill to suspend water charges, when he said the EU had clarified the State's obligation to impose charges.
The Water Services Bill, introduced in the Dáil on Friday, provides for the suspension of billing for water charges from Friday July 1st for nine months while a commission is established to develop a long-term sustainable funding model for water services.
Mr Howlin referred to the reply by the EU Commission to a parliamentary question from Independent MEP Marian Harkin on water charges that the State was obliged to impose charges.
Tánaiste Frances Fitzgerald said however that the legislation was proceeding. "The Government operates within the Constitutional advice which it receives."
She insisted the Government was committed to a long-term sustainable model for domestic water services, consistent with its international water obligations.
The Wexford TD said the derogation on imposing water charges was ended by Fianna Fáil and Greens in government in 2010.
He said “if you accept that we are bound by the EU law” then such an obligation takes primacy over both domestic law and the Constitution.
He did not believe that the Oireachtas “has ever been knowingly asked by Government to legislate in a way that is directly contrary to European law”.
Mr Howlin asked if the Government had been legally advised since the Commission gave its view on charges, that Irish Government Ministers are entitled to vote to support the Bill.
There are very clear views passionately and understandably held by members of the House, but he was concerned the State would “avoid a situation where our country is exposed to legal action by the EU”.
Ms Fitzgerald told him the Minister for Local Government would be meeting the Commissioner next month to outline current policy developments in Ireland.
The Cabinet had discussed the expert commission which will be established to make recommendations on the funding of domestic water services in Ireland.
The Government acted within the Constitutional advice it received, she stressed.
