Fix startup issue moving to ESM module

[jonathanKingston]

Reviewer:

Description:

#1471 this fixed the other branch in the same way. As I understand it you were seeing CJS and ESM fighting for being the correct instance.

Steps to test this PR:

Automated tests:

• Unit tests
• Integration tests

Reviewer Checklist:

• Ensure the PR solves the problem
• Review every line of code
• Ensure the PR does no harm by testing the changes thoroughly
• Get help if you're uncomfortable with any of the above!
• Determine if there are any quick wins that improve the implementation

PR Author Checklist:

• Get advice or leverage existing code
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• Ensure there is a documented monitoring strategy (if necessary)
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