John McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

Presumably there was someone equally as qualified as Mr. O'Brien in that position back then and he or she did not identify that there was a problem that needed to be addressed. On the other hand, with regard to the CRC as far as I can see from this correspondence the HSE just carried on and I believe it no intention of changing things. There is a lot correspondence but it tells the one tale. In correspondence dated 25 September 2013 in respect of the appointment of Mr. Conlan, Mr. Nugent agreed that the following provision was included in Mr. Conlan's contract:

In pursuance in his/her duties hereunder, the Chief Executive shall perform such services and accept any office in any trade, sectoral body or association as the Agency may from time to time reasonably require without any further remuneration unless otherwise agreed with the Minister for Health given with the consent of the Minister for Public Expenditures and Reform.

Was that being put into the contract because he was considered to be a public servant? What was the purpose of it?