Sinn Féin will not allow an independent commission established to examine water charges favour the retention of the levies.

The party's leader Gerry Adams confirmed Sinn Féin would limit the terms of reference of the commission to ensure it cannot recommend keeping the current model.

Sinn Féin wants to establish an independent commission to examine the best way to deliver water services.

He said the commission “will be set up under very very strict terms of reference which are about what’s the best model for public ownership of that right of people to water”.

Asked what the party would do if it proposed retaining the charges and Irish Water, Mr Adams said: “It can’t if it’s given terms of reference , which I have just outlined.

“All these commissions, all of these bodies which are set up to do certain jobs of work are given terms of reference.

“So the terms of reference are ‘what’s the best public model for ownership of water and for water as a human right’.”

The party favours the abolition of Irish Water and water charges but insist there has been no detailed or credible alternative to the current structure.

Mr Adams said the commission could not recommend the retention of the levies and the party would not accept if it proposed higher charges.

He said: “ I don’t know what you guys don’t understand. If you ask me to do a job of work, whatever it is, you want to convert my kitchen, right.

“You give me the terms of reference, you tell me the type of kitchen you want. You tell me the price you want and so forth.

“And I’m obliged to go and honour that, I don’t go and make your kitchen into a dining room.

“Without overplaying the metaphors. Every commission or every agency put in place to perform a job of work does so under terms of reference which are set to it.”

Meanwhile Fianna Fáil is preparing legislation to abolish Irish Water and suspend the charges.

The party is expected to have it ready in time for discussions with acting Taoiseach Enda Kenny on Wednesday.

It has received external legal advice which it says, confirms the State would not be in breach of the European water directive.

This follows advice given to Irish Water claiming there is no possibility under European law for the State to suspend or scrap water charges.

The advice – from senior counsel Garrett Simons and Michael M Collins – argues that there is no option under European law to return to the practice of not charging for water.