It has emerged that new rules for appointments to State boards will not apply to Irish Water.
The rules published yesterday will see most positions filled through the Public Appointments Service.
However, it has now emerged that commercial bodies like Ervia, Irish Water, Bord na Móna and Coillte will not be subject to the new rules.
The loophole has been pointed out by Fianna Fáil's Sean Fleming who said: "It was written under a little footnote at the end of one of the pages in the guidelines issued yesterday.
"I would have thought if the minister had considered it, he qwould have taken the time out for the week or two and get New Era to talk to the Public Appointments Commission to come to a resolution on this before he issued the guidelines."