Consumer Rights Bill — House of Commons, 2015-01-12
Topic: Domestic Commerce
Joanne Kate Swinson (Liberal Democrats, Centre to centre-left): I am delighted to speak on the Bill for the first time—a Bill whose development and gestation took far longer than my pregnancy. Although the hon. Member for Walthamstow (Stella Creasy) says that I missed many a treat, she does not know that I did watch Second Reading on BBC Parliament during my maternity leave, although I had to use the pause function occasionally. It seemed to have a fairly soporific effect on my son. Perhaps that is a tip for all new parents—the delights of BBC Parliament The debate often seems polarised, with on the one hand the advocacy of very prescriptive primary legislation to deal with the issues, and on the other, the speeches of my hon. Friends the Members for Shipley (Philip Davies) and for Bury North (Mr Nuttall), who argue that the free market is working perfectly and no intervention is required. I recognise that there are issues and difficulties. We have to find the best way forward to deal with those so that the interests of consumers are well looked after A careful balancing act is needed. We want to make sure that as many people as possible can access events, whatever their means. We want sports and entertainment in the UK to flourish. We have some of the best events and tournaments in the world, which bring in large numbers of international visitors and businesses. We also, of course, want to protect consumers and allow the ticket resale market to work as well as it can There has been an encouraging trend in recent years towards safer and more tailored online ticket marketplaces and away from the touts outside venues. These websites can offer much more consumer protection than was available before, often in excess of what the law requires. The sites have processes in place to try to prevent, discourage and punish fraud. Although no market is perfect, we know how much time, money and emotion fans invest in attending events, so we want fans, as consumers, to be able to operate safely in this market There are already protections in place for consumers. The consumer contracts regulations came into force just six months ago to ensure that consumers are fully informed before they buy from a trader. At the time, the Government announced guidance specifically on internet ticket sales to accompany those regulations, which build on existing law such as the Consumer Protection from Unfair Trading Regulations 2008, which protect consumers from being misled by practices such as claiming that a seat is on the front row when it patently is not The regulations complement the Fraud Act 2006 and the Computer Misuse Act 1998, which list a range of offences available to law enforcement to tackle the fraudulent sale of tickets and the criminal harvesting of tickets from online ticket sales. Botnets and hacking into sites have been mentioned, but these proposals would not only cover cases of hacking. Botnets could also be illegal if, for example, they were being used to gain unauthorised access to a website that clearly states that it deals with real individuals We are absolutely committed to ensuring that the law is properly enforced. We have a powerful economic crime command within the National Crime Agency to drive forward this work. We have invested about £86 million to build law enforcement capabilities to respond to cyber-crime, including online fraud. We have strengthened the reporting and intelligence arrangements for fraud. Action Fraud is now the single national reporting centre for fraud and financially motivated cyber-crime. Since 1 April last year, responsibility for Action Fraud rests with the City of London police, bringing it closer to the National Fraud Intelligence Bureau The City of London police are also working with the organisation behind the rugby world cup to exclude participants in the ticketing lottery who have links with previous reports of fraud. In October last year, the police reported that they had foiled "hundreds" of fraudulent attempts to gain tickets via the official ballot. The Competition and Markets Authority and trading standards bodies lead consumer law enforcement in this area. Through their hard work, trading standards officers have successfully enforced consumer law—for example, right here in Westminster in reducing the number of consumers being caught out by bogus theatre tickets My right hon. Friend the Member for Cardiff Central (Jenny Willott) and Baroness Neville-Rolfe have previously set out the Government’s position. We do not think that there are no problems in this market, but we have to find the best way to tackle them In that context, I will set out the difficulties involved in Lords amendment 12. Although it purports to add further transparency requirements to protect consumers, it could have the opposite effect. It would mean that all sellers, whether as a business or as one friend selling to another, would have to provide detailed information about themselves and the ticket they were selling, including the seat number and the booking reference number. That would enable the event organisers to cancel tickets put up for resale, as is intended by the amendment. That would mean that a fan with a spare ticket, perhaps because their friend is ill, could not resell it without risking having all their tickets cancelled. Someone who had bought a resold ticket could arrive at the venue only to be refused entry on that basis. That does not seem very fair or proportionate.