Dáil debates

Tuesday, 4 December 2018

Ceisteanna Eile - Other Questions

Ticket Touting

5:25 pm

Photo of Martin HeydonMartin Heydon (Kildare South, Fine Gael)
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57. To ask the Minister for Jobs, Enterprise and Innovation the status of proposed legislation to tackle ticket touting; and if she will make a statement on the matter. [50442/18]

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael)
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59. To ask the Minister for Jobs, Enterprise and Innovation the status of the Prohibition of Above-cost Ticket Touting Bill 2017; the progress on the drafting of amendments to the Bill; if it will be treated as a priority for enactment in the next Dáil term; and if she will make a statement on the matter. [50522/18]

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael)
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I seek an update on my behalf and that of Deputy Heydon with regard to the status of the legislation on ticket touting. This is an important issue for many people. The Bill to prohibit the above cost resale of tickets has been before the House for 24 months and I would appreciate an update on its status.

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 57 and 59 together.

At its meeting on 24 July 2018, the Government decided on a package of legislative measures dealing with the resale of tickets for entertainment and sporting events. In order to implement the measures, the Government agreed that it would support and amend the Prohibition of Above-cost Ticket Touting Bill introduced in January 2017 by Deputies Rock and Donnelly and would take Second and Subsequent Stages of the Bill in Government time.

The proposed legislation would ban the resale of tickets above face value in designated venues with a capacity of 1,000 or more. The use of bot software to purchase tickets in excess of the number permitted by event organisers would also be prohibited. In addition, the legislation will give effect to the commitment given to UEFA to ban the unauthorised transfer and use of tickets for matches and official events taking place in Ireland during the Euro 2020 championship.

Second Stage of the Bill was scheduled for 21 November, but it did not prove possible to have the debate on that date. I very much hope that the Second Reading of the Bill will proceed as soon as possible and look forward to hearing the contributions of Deputies to that debate.

My officials have been working on a range of amendments and additions to the Bill and expect to formally submit these to the Office of the Parliamentary Counsel later this month. When finalised, the Government amendments will be tabled on Committee or Report Stage of the Bill.

I acknowledge the work of Deputies Rock and Donnelly in highlighting this issue. The Bill has cross-party support and it is important that it be progressed.

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael)
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I thank the Minister for her work and dedication with regard to this legislation. Since taking office, she has treated this issue and a great many other consumer affairs issues with urgency, which I appreciate. It is the kind of practical bread and butter politics that people appreciate.

With regard to Euro 2020, the Minister will appreciate that we are increasingly under time pressure as a commitment was made to have the legislation in place before tickets for that event go on sale. The draw for the matches, which will begin in a few weeks, took place in Dublin a few days ago. We need to act quickly on the Bill as the tickets will soon go on sale. The Government has worked hard on this issue. I look forward to the amendments from the Department. We hope to see action on the Bill as soon as possible. I am conscious that the Minister and the Department tried to progress the Bill, with Second Stage having been scheduled for 21 November. I hope the Minister can commit to having a debate as soon as possible when we return in the new year.

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I acknowledge that the Deputy wants the Bill to be enacted as soon as possible. There have been recent problems involving tickets for the Ireland versus New Zealand rugby match and the Spice Girls concert next year being sold online for multiples of face value. That is not right and it is not fair on genuine fans. I assure the Deputy that I will get the Bill enacted as quickly as possible. My officials are working with drafters on the necessary amendments and additions to the Bill and we expect to submit the amendments formally to the Office of the Parliamentary Counsel later this month. Second Stage of the Bill was scheduled to be taken on 21 November but, unfortunately, was replaced by a debate on the Brexit withdrawal agreement. There is limited time available between now and Christmas but I want to have Second Stage as soon as possible in order to get the Bill moving. It is my intention to bring forward the relevant amendments on Committee or Report Stage. I am very hopeful that we will be able to progress the Bill substantially and enact it in the next session, although the allocation and scheduling of Dáil time is not always within my control. I look forward to the co-operation of all Members on the Bill.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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There is a great deal of interest in this matter. I will allow Deputies O'Dea and Quinlivan to ask short supplementary questions of the Minister.

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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All Members support the principle of the Bill, which has cross-party support. That said, I ask the Minister to confirm whether she recently received a legal opinion to the effect that there are very serious constitutional difficulties with the Bill as proposed. What weight does she intend to give that advice?

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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More time has elapsed without anything being done on ticket touting. The Sale of Tickets (Sporting and Cultural Events) Bill 2017 which I introduced to tackle ticket touting is again stuck in limbo, this time awaiting a money message. I look forward to the Minister's amendments. After an examination of them, Sinn Féin will decide on whether it will support the Bill. It is to be hoped that we will be able to support it because all Members genuinely want to deal with this issue. Ticket touting costs consumers dearly, with those seeking Electric Picnic tickets the latest to be affected. The Minister is ignoring the issue and blocking solutions brought forward by Sinn Féin by putting up barriers to the Bill we introduced. I ask her to explain to consumers, many of them young people on tight budgets, why they will continue to be ripped off for concert and match tickets for the foreseeable future. Has UEFA sought an update on the promise given by the Government to legislate on this matter in advance of the Euro 2020 games?

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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On the issue raised by Deputy O'Dea, I understand a letter from Mr. Edward Parkinson of Viagogo containing a detailed legal opinion from a senior counsel was sent to me as Minister on 21 November. The legal opinion was sent to the legal advisers seconded to my Department from the Office of the Attorney General for their opinion on 28 November. This is normal practice when such legal opinions are submitted. The examination of the legal opinion is in progress and I expect I will be briefed by my officials once that process is complete.

On the matters raised by Deputy Quinlivan, all Members want the same result but we are trying to do it in a way that maximises the impact of the legislation. The Bill introduced by Deputy Quinlivan provides for a prohibition on the sale of tickets at a price of greater than 10% above face value for events for which more than 300 tickets have been offered for sale. The Government proposes to amend the Bill introduced by Deputies Rock and Donnelly to provide that the ban on above-face-value resale would apply to designated venues with a capacity of 1,000 or more. I consider that applying the legislation to known designated venues rather than on an event-by-event basis would facilitate more effective enforcement. It is often not known until the day of an event whether the attendance will exceed 300. I do not wish to cause damage to local clubs which are fundraising or holding charity events. We are trying to find a way for the legislation to be effective.