Michael Lowry (Tipperary, Independent) | Oireachtas source

I welcome the Bill which while overdue is a genuine effort to tackle the scourge of touting. Nobody likes to be ripped off; it goes against human pride and principles. Yet, every time a major and attractive event takes place, genuine fans and supporters can be forced to pay way over the odds to get their hands on a ticket. They know it is probably the only way to get a ticket; the seller knows this and will manipulate the buyer.

Until now, the Government has been unable to take action. It has come to the brink but then faltered due to circumstances. This Bill has been a victim of Covid but has now become a necessity due to Covid. The need to reopen our entertainment industry to people has made the Bill a matter of urgency. However, this urgency cannot blur the fact that the Bill must be a long-term means of ensuring that fairness prevails for ticket buyers. It is imperative that this Bill be passed into law but it is crucial that it encompasses powers necessary to cover all eventualities. Otherwise, it will be difficult to enforce and open to being violated. The parameter for what constitutes an offence must be clearly defined and not left open to any form of interpretation. There can be no grey areas in this Bill because grey areas are a haven for opportunists.

The problem with the sale of tickets for more than their face value is not just restricted to known websites or unscrupulous ticket touts, and the issue goes way beyond this. There are small operators who will legitimately purchase the allowable number of tickets for a desirable event, and they will do it over and over again, using false names and different payment methods. The number of tickets they acquire may be small by comparison to the bigger operators but their intention to swindle remains the same. They will discreetly peddle tickets in pubs and clubs, outside sports grounds and even in schools and colleges for significantly more than their value. They operate largely under the radar and because they are small players, they remain inconspicuous and undetected.

Purchasers are willing to part with money to attend events. Irish people are lovers of music, dance and live entertainment. A rare opportunity to see a favourite artist perform is difficult to resist. The chance to see their county lift Liam MacCarthy or Sam Maguire tests the temptation of most. If it requires paying well above the price, the ultimate reward is considered worth the cost.

How will this Bill address such occurrences? How will it be possible to monitor activities that occur on a small scale but to a widespread extent? The fear is that, over time, the small scale will mushroom and the black market will explode. The roots are already established and there must be stringent measures in place to eradicate them. If these actions are not clearly seen to be nipped in the bud, the desired objectives and value of this Bill will be lost.

The exemption of events being run in aid of charitable organisations has the potential to be exploited. Charities seldom have the resources or manpower needed to organise and stage major events and they depend on the goodwill of others to help them. In the case of a private company organising a major event to aid a charity, does this Bill stipulate that the entire proceeds are handed over to the charity? Is it possible we will see charities being used as a screen for profiteering by organisers who can stay within the law simply by making a token donation to a charity?

Despite the fact this Bill is worthy and welcome, I have reservations about its ability to deliver the desired result. It falls on Government to identify and make provision within the Bill for any unscrupulous activity that may result from the introduction and interpretation of this new law. If the black market is permitted to take hold and the sale of tickets becomes a lucrative option for minor criminals and opportunists, then the fallout could result in serious and unforeseen consequences.

While expanding the powers of the Garda to enforce this new law is a welcome idea, it must be acknowledged that gardaí are already stretched to the limit. Garda numbers on the ground are insufficient and rural Garda stations have been closed and left unmanned. Placing additional duties on the shoulders of an already overstretched Garda force is neither acceptable nor doable. Similarly, extending the already burgeoning court lists to deal with petty peddlers is not feasible. The plans to tackle these possible issues must be set in stone if this Bill is to prove successful in the long term.

I welcome the general thrust of the Bill but envisage that it can be strengthened on Committee Stage.

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