Seanad debates

Monday, 5 July 2021

Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Bill 2021: Second Stage

 

10:30 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I am pleased to have the opportunity to introduce the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Bill 2021 to Seanad Éireann. The aim of this Bill is to ban the practice of ticket touting or the resale of tickets for large, popular events for more than their original value. This positive development will facilitate fairer access for genuine fans to tickets for cultural, entertainment, recreational and sporting events. Its introduction is timely as we look forward to a point, hopefully in the very near future, when we will be able to attend concerts, theatres and matches again. There was a positive pilot event in Kilmainham over the weekend. That event showed just how useful antigen testing can be as a weapon in our armoury to fight the virus.

As we look forward to further opening of society and the economy, in line with what I hope will be the improved public health situation and a successful vaccine roll-out, it is important that we are prepared for the inevitable increase in demand for tickets for live events. We want to prevent fans from being taken advantage of due to the limit on attendance in the interests of public health. Of course, the benefits of this legislation will long outlive the public health measures in place to stem Covid-19. We have heard all too often of the experiences of genuine fans waiting patiently to buy tickets only to miss out and to see those same tickets for sale on a secondary site for far more than they can afford or are willing to pay, and for far more than the original value of the tickets.

The systematic purchasing of tickets by touts and secondary sellers looking to make a quick profit at the expense of sport and music fans, sporting bodies, artists and promoters needs to stop. I believe this Bill is the best vehicle to do that. The Bill has been in development for some time. A consultation process that began in 2017 showed almost universal support for legislation in line with the provisions presented here today. A statutory ban on the resale of tickets above their face value was supported by: two of the three main sporting bodies, the GAA and the FAI; Ireland's two main events promoters, Aiken Promotions and MCD Live Nation; the Consumers Association of Ireland; many public representatives; and, not least, by consumers. Several artists and entertainers have also expressed their disapproval of the secondary ticket market, especially with the growth in online markets.

Opposition to a price cap at the time came mainly from primary ticket service providers and secondary ticket platforms. At the time, one of the largest primary sellers was also in the market of resale but, in 2018, Ticketmaster announced it was closing its secondary resale websites, Seatwave and Get Me In, and would launch a fan-to-fan ticket exchange in which tickets could be resold for no more than their original price. This fan exchange was launched in 2017 and facilitates fans who cannot attend events to transfer their tickets without making a profit. While commercial considerations no doubt played a part in Ticketmaster's decision, it may also have been as a response to the growing opposition of fans, sporting bodies, promoters and artists to an unfair secondary ticket market.

Members of the Oireachtas have been actively engaged on this matter over recent years. In 2017, the then Deputy Rock and the now Minister for Health, Deputy Stephen Donnelly, introduced a cross-party Private Members' Bill seeking the prohibition of above-cost ticket touting. Later the same year, the Sale of Tickets (Sporting and Cultural Events) Bill was introduced by Deputy Quinlivan. In 2018, the Government made the decision to support the Bill from Deputies Stephen Donnelly and Rock on Second Stage and approved the drafting of a number of amendments to the Bill. Unfortunately, that Bill lapsed upon the dissolution of the Thirty-second Dáil and although the current Bill differs from it in several respects, it has the same objective, that is, to see fans treated fairly and to prohibit profiteering. I regret it has taken so long to bring the Government's Bill before the Oireachtas but I hope we can progress it quickly and enact it at the same time as opening up society and the economy. I would like to take this opportunity to thank Deputy Quinlivan, former Deputy Rock and the current Minister for Health, Deputy Stephen Donnelly, for their work on this positive and important initiative.

The overarching purpose of the Bill is to prohibit the sale or advertising for resale of tickets for a price exceeding the original sale price for designated events or events taking place in designated venues with a capacity of 1,000 people or more. The Bill's application will be limited to those events that give rise to significant demand or where it would otherwise be in the public interest to prohibit resale at a price above the original sale value. Designation will also make the task of monitoring and enforcing the legislation more effective because it will apply either to a particular individual event or a list of venues contained in a register.

The Bill currently includes a provision banning the unauthorised sale of tickets for matches or official events during the rescheduled Euro 2020 championship. Its inclusion stems from a Government commitment given to UEFA as part of the bid for hosting a number of matches during the tournament in Dublin. As no matches were held in Dublin due to the pandemic, and because the tournament is set to conclude on 11 July, the Government is proposing to move an amendment in this House to remove the provisions relating to Euro 2020.

It is clear to me that we all want this legislation in place as sporting and arts events reopen. This Bill will act as a deterrent to the unfair practice of buying up tickets at the expense of genuine fans, sporting bodies, etc. I look forward to working with the House through all Stages of the Bill. It underwent pre-legislative scrutiny by the Joint Committee on Enterprise, Trade and Employment, has been adapted in light of the committee's report and has past all Stages in the Dáil. I hope we can have similar, cross-party support in the Seanad to ensure we get the Bill enacted before the summer. I look forward to an informed, positive and constructive debate with all Senators.

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