Minister of State Finian McGrath should consider his position in Government as he has not paid his water charges, former minister for the environment Alan Kelly has said.

Mr Kelly, the deputy Labour leader, said it was unacceptable and incredible that a politician who sits at Cabinet does not obey the law.

"The idea that Fine Gael can sit down one week in a government with the Labour Party and people who pay their bills, and now can sit down with people who do not pay their bills is not credible," he said.

“If he does not change his position or if there are any others like him and they don’t change their position then they should consider their position.”

Mr Kelly, who is expected to contest the Labour leadership after Joan Burton’s resignation, said Mr McGrath cannot pick and choose the bills he wants to pay given he sits at the Cabinet table.

“He needs to reflect on his position or else he needs to vacate the position.”

Mr McGrath, who was appointed super junior Minister with responsibility for disability, confirmed at the weekend that he has not paid his water charges.

Mr Kelly said it was incredible a person sitting at the Cabinet table was advocating for people to break the law.

Mr McGrath's colleague John Halligan has also confirmed he has not paid his water charges. He is due to be appointed a minister of state over the coming days.