Minister for the Environment Alan Kelly has questioned whether a Fine Gael-Fianna Fáil agreement to suspend water charges would be legal.

" There is one vital question and it is the following - are Fianna Fáil and Fine Gael acting within the law? Does the decision to suspend water charges run contrary to EU law and in particular article 9 of the Water Framework directive?'' he asked.

"Let the records show that Ireland did have a derogation from water charges, but it was signed away by none other than Fianna Fáil in 2010, who committed to domestic charges then.''

In an attack in the Dáil on the reported Fine Gael-Fianna Fáil deal, Mr Kelly said if media reports on the talks were correct politics was failing.

“I believe we are about to witness the triumph of mediocrity over modernism, of short-termism over common sense and immaturity over innovation,’’ he said.

Mr Kelly, who was opening a Dáil debate on Irish Water, was flanked by a number of Labour colleagues.

T here were no Fine Gael TDs present in the House during his speech.

“Let’s be clear on the decision that may be made shortly,’’ said Mr Kelly.

“A suspension or scrapping of charges will lose billions of potential investment in water and I believe we will have water shortages in Dublin in future years.’’

“A former politician once stood in this house and accused Fianna Fáil of economic treason - today I believe Fianna Fáil are guilty of environmental treason and the Labour Party stands behind the important public service of water provision.

“Politics is failing the people of the country again. Utopian populism is winning again.

Refunds

The Minister said if there was any fairness, law-abiding people, who could afford to pay and did pay their water charges, would get their money back.

This would mean Irish Water would have to reprocess well in excess of €2 million in financial transactions, he said.

“Is that common sense ?’’ he asked.

“But whether the charge is being suspended or abolished, I believe Fianna Fáil and Fine Gael need to tell people how and when they will give them back their money.’’

Mr Kelly said the loser in this situation was not any political party, but the environment and those who depended on a clean water supply.

“So what has Irish Water actually done to date? Irish Water’s investment has delivered 34 new treatment plants. A further 47 water conservation projects have been completed, with 452km of pipe remediated.

“Irish Water is also targeting investment to improve water quality. Look at the improvements it has made to the lives of 17,300 people in Roscommon who were on boil water notices, with the residents of Castlerea, for example, [who were] subject to a boil water notice from November 2009 to June 2013.

“Those people can now turn on the tap without having to turn on the kettle. Its implementation of disinfection technologies has meant 300,000 less people are now dependent on supplies in need of remedial action.

“Two of the required plants are complete and in operation, with another six in construction.

“It is addressing the unacceptably high level of leakage.

“Through the repairs conducted by Irish Water under the scheme, and those by customers of internal leaks, identified through meters, 34 million litres of water were being saved per day.

“That is enough water saved every day to supply all of Co Wicklow.

“Protecting water as a resource is also essential in tackling climate change - as energy use in water treatment is a major contributor to greenhouse gases. Another fact that has been lost by the so-called left in this debate.

“Decisions on Irish Water were rushed too quickly after the last Government came in.

“I believe we are rushing this decision too. I fear we are about to throw that away and keep our water system in the 19th-century.

“The Labour Party stands by the people who chose to pay. We further stand behind acting responsibly and based on our values regardless of the political consequences.”