A SUBSTANTIAL backlog of uninvestigated complaints against MLAs has built up in the Stormont assembly's absence, the former standards commissioner has said.
Douglas Bain branded it "appalling" that MLAs are "drawing their salaries from the public and there is no effective complaints system".
For nearly two years there has been no standards watchdog in post to investigate complaints because an appointment can only be made by a functioning assembly.
Mr Bain said the Secretary of State should intervene with legislation at Westminster to appoint a new commissioner and clear the backlog of unexamined complaints.
It comes as The Irish News yesterday revealed DUP MLA Trevor Clarke is running a sideline business lobbying on behalf of planning applicants.
He has rejected concerns that his business is a conflict of interest and breach of the assembly code of conduct, which prohibits paid advocacy.
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Mr Bain – who conducted high-profile probes including the Iris Robinson affair – stood down from the role in 2017.
He said that currently if an MLA breaches the code of conduct "absolutely nothing will happen".
The former commissioner said he understands there have been a "substantial number of complaints" in the years since he stood down.
"I understand there are a significant amount of complaints made against various MLAs just sitting there. Nothing happens if they breach the code of conduct," he added.
Mr Bain said his successor had been chosen before he stood down in September 2017 at the end of his five-year-term, but they can only be appointed through a working assembly.
"I think it's appalling that people are drawing their salaries from the public and there is no effective complaints system," he said.
The former commissioner noted how on the watchdog's website, "it's still up there saying I'm the commissioner".
Asked what should be done, he added: "It will probably require legislation at Westminster to allow the secretary of state to appoint a standards commissioner, as they have appointed for various other bodies."
Northern Ireland has not had a functioning executive or devolved assembly since early 2017 when power-sharing collapsed in the wake of the RHI scandal.
In Stormont's absence, the Secretary of State has intervened by introducing legislation at Westminster to make various appointments such as to the Policing Board and Housing Executive.
An assembly spokeswoman said a standards commissioner "can only be appointed by resolution of the assembly in plenary".
"Prior to the end of the previous commissioner's tenure, the assembly initiated a recruitment competition to select a new Commissioner for Standards," she said.
"A merit list was created at this time, but in accordance with the Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011, a new commissioner can only be appointed by resolution of the assembly in plenary.
"It is therefore expected that this appointment will be made when assembly business resumes.
"Since the expiry of the previous commissioner's tenure, any complaints received by the commissioner's office, will be acknowledged, recorded and passed to the next Commissioner for Standards as soon as one is appointed."
She added: "The Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011 prohibits the Office of the Commissioner for Standards from confirming or denying that a complaint against a particular MLA has been received or from disclosing any information on any complaint under investigation."
The Northern Ireland Office did not respond to requests for a comment.
