Frances Fitzgerald (Dublin Mid West, Fine Gael)
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My predecessor as Minister for Business, Enterprise and Innovation, Mary Mitchell O'Connor T.D., published a consultation paper on the resale of tickets for entertainment and sporting events on 20 January 2017 along with the Minister for Transport, Tourism and Sport and the then Minister for Tourism and Sport. The 24 responses to the consultation were published on the Department's website on 9 May 2017.

As evidenced by the different responses to the consultation, the matter is neither simple nor straightforward, and, while it would be relatively easy to enact legislation on the issue, it is much more difficult to ensure that such legislation would be effective and enforceable.

For example, although it is sometimes assumed that all of the tickets to entertainment or sporting events go on general sale to the public, this is not typically the case. Tickets for entertainment events are commonly made available to a range of parties – including performers and their managements, members of performers’ fan clubs, venues and members of their clubs, corporate sponsors, holders of some credit cards, customers of some telecoms services, record labels and media organisations – prior to going on general sale. Estimates from the US and the UK suggest that half or more of tickets for concerts by top acts may be allocated or sold prior to the commencement of the general public sale.  For major sporting events, all of the tickets may be allocated to affiliated clubs and boards or to subscribers with multi-year or season tickets with none available on general sale.

If a proportion of tickets for high-demand events are not available for general sale, potential purchasers’ chances of obtaining tickets on the primary market are correspondingly reduced. Pre-sales and pre-sales allocations also go some way to explaining why tickets for some events can be offered for sale on secondary marketplaces within minutes of their going on general sale or, in some cases, even before the start of the general sale.

It is also worth noting that a high proportion of ticket resales appear to be made by individuals who have bought a small number of tickets legitimately and then proceed to resell them. For some events, most resales (sometimes up to 90 per cent of resales) may be accounted for by private sellers.

Since receipt of the public consultation submissions, my Department has engaged in follow-up discussions with sporting bodies, event promoters, consumer bodies, primary ticketing service providers and secondary ticket marketplaces. My Department is also pursuing enquiries with public authorities in European Union member states with laws that prohibit or restrict ticket resale on the experience with, and effectiveness of, these laws.  The results of these discussions as well as the responses to the consultation are being analysed with a view to identifying possible measures aimed at helping ensure that ticket markets work better for consumers.

The outcome of this process will inform both me and the Government on the approach to be taken on this matter, including the approach to the Deputy’s Private Member’s Bill entitled Sale of Tickets (Sporting and Cultural Events) Bill 2017.