It has been reported that the Independent Ministers in the Government have sought and received formal advice as to whether they are entitled to support in the House a Bill they have been advised is repugnant to the Constitution. The Attorney General has not changed and, as such, I presume the advice has not changed from that received from the time my own party was in government and the same question arose.

Regarding the water services Bill that is before the House, has the Government been advised as to whether its members can support legislation the sole purpose of which is to defeat what has now been clarified is an obligation of European law? Is it not clear from the reply of environment Commissioner Vella to the parliamentary question of Marian Harkin, MEP that the derogation exempting us from water charges was ended by Fianna Fáil and the Green Party in government when they failed to apply for an opt-out in the management plans due in December 2009 and instead introduced the concept of water charges in 2010? If the Tánaiste accepts this, does she not also accept that we are bound by the EU law obligation and that such an obligation, under the decisions of our courts, takes primacy over our domestic law and Constitution?

And one wonders about Brexit.

I do not believe that the Oireachtas has ever been knowingly asked by the Government to legislate in a way that is directly contrary to European law. Has the Government been legally advised since the views were expressed by the Commission that Ministers are entitled to vote to support the Bill?

The position of the Government in respect of the Water Framework Directive has been well articulated. The current situation is that the establishment of an expert commission to assess and make recommendations on the funding of domestic public water services in Ireland and the nine-month suspension of domestic water charges were discussed at Cabinet. I am sure that the Minister will address the details of that commission later.

The Minister for the Environment, Community and Local Government will then meet with the EU Commissioner in June to outline the current policy developments in Ireland in this regard. The Government is fully committed to securing a sustainable, long-term funding model for domestic water services that is consistent with its international environmental obligations. The suspension period, as has been said on quite a number of occasions, will hopefully allow for a measured deliberative process on the future funding of domestic water services and the future of domestic water charges. That is the Government position.

I did not ask what the Government position was. There are clear views passionately and honourably held by Members of the House on this matter. I am asking the Tánaiste as a matter of law whether the formal advice that the Government has received is that the Government is entitled to proceed with legislation that it has now been advised is contrary to European law. It is a simple matter. To avoid our country being exposed to legal action from the Commission, Members - certainly in my party - need clarity as to where we stand on this matter. If we are to have exposure, at least give us clear advice on these issues.

Obviously, the Government is proceeding with legislation. The Government operates within the constitutional advice that it receives.

Has the Government received it since yesterday?