Digital Markets, Competition and Consumers Bill

Debate between Andrew Gwynne and Sharon Hodgson

Consideration of Lords amendments
Tuesday 30th April 2024 Commons Chamber

[Andrew Gwynne (Denton and Reddish) (Lab)]

I commend my hon. Friend for all her work over a very long period on this important issue. It is important to support the Lords amendment because so many of our constituents are deprived of even the chance of getting a ticket for a sports match, pop concert or whatever, as they cannot beat the bots. Is that not the inherent unfairness?

[Mrs Hodgson]

It absolutely is. It is not a level playing field at all. I was going to come to the bots, and the fact that nobody has yet been put behind bars for having used bots, even though they are illegal, and are the tool that touts use to harvest tickets, so that they can scam the rest of the population and all our constituents. I am happy to stand here and crowd-please—I will do it until my dying breath—because that is what we are here to do. We should do the right thing for the public, and they are calling for us to regulate this market.

--- Later in debate ---

[Andrew Gwynne]

My hon. Friend is making a really important point. She rightly points out the degree of criminality at the highest end of the organisations that are responsible for the touting industry, and the lack of prosecutions. It is actually quite a good business proposition for them, is it not? It is relatively risk-free. They are probably more likely to get sentenced for being an international drug dealer than for selling the tickets.

[Mrs Hodgson]

It is very interesting that my hon. Friend has come to the same conclusion I have. I have made that exact point in many interviews over the years: why would anybody go out and rob banks or do any sort of crime for which they might get caught, when they could just be a ticket tout? They’ll make a fortune and nobody will come after them, not even the taxman. There will be no hand of the law on their shoulder. There have been only two cases and six prosecutions in all the time I have been campaigning on this issue. So yes, it is time we sorted it out. It is just not acceptable.

The recent case that I think the Minister referred to earlier involved individuals being convicted for buying and reselling tickets worth £6.5 million—£6.5 million. They have been caught, but that is because they are right up at the top end. There will be people making £1 million, half a million pounds, £2 million or £3 million who have not been caught. There are so many touts. The case involved using multiple, often fake, identities to buy large numbers of tickets with multiple credit cards. However, convictions are extremely few and far between, despite thousands of professional touts operating.

Finally, those who trade in the UK must be subject to UK laws—surely we all agree with that. Subsection (5) of proposed new section 92A states:

“A secondary ticketing facility must make it clear to traders and businesses based overseas that sell tickets to UK consumers and target UK consumers through paid or sponsored advertisements”—

in some cases using Google and trusted publications, or even sponsoring podcasts by trusted influencers—

“or paid infomercials that they are subject to UK legislation.”

The vast majority of suppliers to Viagogo and other secondary platforms are commercial businesses. A significant proportion are based outside the UK, as I said, but they target UK events to derive the highest possible profit. Likewise, none of the websites have offices in the UK. There are no UK jobs at stake, apart from a handful. It has been quite hard for me and my team to check and be sure of the numbers, as these companies are all registered in tax havens and overseas. However, the damage and exploitation occur in the UK at the expense of artists, athletes and fans, without any fear of the current toothless UK law.

Viagogo has already had its wings clipped, partially, by CMA orders over the years, but in my opinion it is nowhere near enough. It has repeatedly shown that it cannot be trusted to mark its own homework. For instance, elsewhere Viagogo was fined 7 million Australian dollars for misleading consumers, €20 million for breaking the law in Italy and €400,000 in France for breaking the law around rugby world cup tickets. Yet we heard the Minister’s colleague, the Minister for Media, Tourism and Creative Industries, spouting the Viagogo lines of defence from the Dispatch Box just a couple of weeks ago—go figure! This is all on the record, because my hon. Friend the Member for Worsley and Eccles South raised it in a point of order a couple of weeks ago, just after the Minister for Media, Tourism and Creative Industries did it.

Unless legislative action is taken to stop this black market, it will continue to grow and cause further damage. This modest amendment effectively plugs loopholes in legislation, and ensures that music and sport fans of all ages have the information that they need before they make that purchase. I implore everyone here today to please support Lords amendment 104 and start putting fans first—or else move aside so that we can do so.