Digital Markets, Competition and Consumers Bill

Debate between Angus Brendan MacNeil and Kevin Hollinrake

Consideration of Lords message
Tuesday 21st May 2024 Commons Chamber

[Kevin Hollinrake]

The CMA report differs from the amendment proposed by the Lords. We believe that Lord Moynihan’s requirements relating to face value and the address of the trader are already covered. What is missing from the amendment is the ability to enforce regulations. There have been prosecutions only recently, a couple of months ago; there has been a four-year sentence and a £6 million confiscation order, so we are seeing prosecutions by National Trading Standards, but we believe that the CMA will have a more profound effect if it can tackle this issue.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (Ind)]

My question is similar to that of the hon. Member for Richmond Park (Sarah Olney). I just do not understand why the Government do not get involved with this. From what I have read of the Lords debate and what Lord Moynihan said, that is exactly what happened for the London Olympics in 2012. Ireland has got rid of the secondary market because it thought it very corrosive indeed. I also understand that fans are frequently in tears outside venues such as the O2 because they have bought the wrong tickets from the secondary market. As the political wing of the very noble tartan army, I would not want fans to be unable to get into games at the Euros in the coming weeks because of irregularities in the secondary market. If that happens, will the Minister commit to coming back and changing tack?

[Kevin Hollinrake]

The hon. Gentleman raises important points. Alongside what we are doing to give the CMA more enforcement powers, which we think are needed, we are also committing to a review of the primary and secondary market over the next nine months, in order to see what else can be done to ensure that the secondary ticketing process is fairer for consumers.

[Angus Brendan MacNeil]

The Minister is generous in giving way, and I appreciate it. Has he spoken to his counterparts in Ireland about what they have done in this area, why they have done it, and what the effects have been? That might be instructive.

[Kevin Hollinrake]

Yes, we are aware of what is happening in Ireland, where there is a complete prohibition on secondary ticketing sales. Our concern about that is obvious: secondary sales are then just driven underground into a black market. That is what we have seen in Ireland. Indeed, tickets to see Taylor Swift in Dublin are available on the internet at exactly the same, or a similar, price as tickets to see her in the UK, so we do not think that is a solution. We are looking for a practical solution that works across the piece.

A person could purchase multiple tickets from different sources on the primary market and resell them on a platform. That would make it nearly impossible for either the platform or an enforcer to calculate what the total limit of tickets should be. We must avoid the trap of thinking that we are solving problems simply by adding words to legislation. We should not be tempted to devise legislation that cannot be implemented.

We believe that the solution lies not in more regulations, but in regulation—in other words, enforcement. This House has already radically strengthened the CMA’s enforcement powers in part 3 of the Bill. That strengthening applies to all consumer law, including on secondary ticketing. The CMA will have civil fining powers, and fines could total 10% of the global turnover of firms breaking consumer law. New powers will mean that the CMA can process many more cases even more quickly.

However, the Government appreciate the strength of feeling in both Houses on the issue of secondary ticketing. We have therefore tabled Government amendments to further strengthen the enforcement powers. Amendments (a) and (b) in lieu of Lords amendment 104B will give the CMA new powers, first to enforce existing rules against unfair buying-up of tickets using electronic bots, and secondly to enforce existing rules on the information that platforms and resellers must present to consumers. That is in addition to the Government’s previous commitment to review the primary and secondary ticketing markets. That review will allow us to gain a deep understanding of how tickets flow from the primary market to the secondary market. It will also include consideration of the timeliness and effectiveness of the information that must be provided to buyers, and of what reassurance is necessary for consumers to be confident that ticket offers are genuine.

Taken together, the CMA’s new enforcement powers and the upcoming Government review represent a clear strengthening of consumer protections. They will help to ensure that further steps can be taken in future, in the light of the good practice that has recently been emerging in the market.

[Angus Brendan MacNeil]

I am again grateful to the Minister for giving way, but like the hon. Member for Richmond Park (Sarah Olney), I am still stumped as to why the Government are not the champion of the consumer—the small person or small family who face the disappointment of financial loss. I hear what the Minister says about laws being enforced—that could apply to any law—but laws also have a deterrent effect, and it would be quite useful to have that deterrent effect.

[Kevin Hollinrake]

The hon. Gentleman makes a fair point. I agree with him about the deterrent effect, but to me, that deterrent effect is delivered through enforcement and prosecutions, which are making it easier to deal with the platforms. As for the Lords amendment, information such as the seller’s address is already required under schedule 2 to the 2013 consumer contracts regulations, and the face value of the ticket must be displayed under clause 90(3)(c) of the Consumer Rights Act 2015, so that is already covered. It is enforcement that we need to improve.

Subsidy Control Bill

Debate between Angus Brendan MacNeil and Kevin Hollinrake

2nd reading
Wednesday 22nd September 2021 Commons Chamber

[Angus Brendan MacNeil]

But is the CMA not a body of Westminster construction, as opposed to being a body of the Union?

[Kevin Hollinrake]

This is the United Kingdom Parliament.

[Angus Brendan MacNeil]

Well, there are many Parliaments in this United Kingdom at the moment, and we know that each and every one should have the same voice. If this is the poacher and gamekeeper Parliament, surely that is a problem for Northern Ireland, Scotland and Wales—that is the argument that I would postulate.

European Union (Withdrawal) Bill

Debate between Angus Brendan MacNeil and Kevin Hollinrake

Tuesday 12th June 2018 Commons Chamber

[Kevin Hollinrake]

As a remainer who voted to remain and campaigned heavily to remain, and who would do so again if we ever had another referendum—not that I am advocating that—I think it is fair that Members on both sides of the House raise their concerns about the economy and the effect on jobs and trade. As you know, Mr Speaker, I am still involved in business to this day, so this has a potential personal impact on me. It is quite reasonable that colleagues will want to see the substance of this deal. That is the temptation, but it is not a position I advocate, for a number of reasons.

The Prime Minister has sought to mitigate the effects of leaving, even in difficult circumstances. We have to keep this in perspective and take into account the fact that our exports to the European Union account for around 12% of our trade and of our economy. We also have to remember that the Prime Minister is quite rightly taking a staged approach to withdrawal, which involves staying in the customs union until we have customs processes in place, and maintaining regulatory alignment until we negotiate a reasonable new approach.

Subsection (5) of the new clause proposed in Lords amendment 19 raises the prospect of the Government following “any direction” that Parliament gives. Similarly, new subsection (5C) proposed in amendment (ii) to Government amendment (a) in lieu of Lords amendment 19, tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), raises the prospect that Parliament will simply send the Government back to the negotiating table. What will happen if we go back to the negotiating table and the European Union says no? There is no clarity at that point. It opens up and allows the possibility of staying in the EU for an extended time, with no clarity about how long that will be; it may be weeks, months or years. We should remember that those on the other side of the negotiating table do not want the United Kingdom to leave the European Union, and that raises the prospect of their being even more difficult in those negotiations, which are very difficult in the first place.

[Angus Brendan MacNeil]

I have heard a number of times that the meaningful vote might or would enable the European Union to give us a bad deal. I argue that it is the contrary. A UK Government with any wit about them would say to their negotiating opponents, “We’ll never get this through Parliament unless it is improved.” It actually strengthens their hand in the negotiations, rather than weakens it, if they have any wit about them.

[Kevin Hollinrake]

I find that assessment of the circumstances very hard to follow. We are not negotiating on our own; we are negotiating with another party, and clearly it is in their interest to put a bad deal on the table in that situation. That would delay the exit process, which is effectively what these amendments seek to do. I am not saying that my right hon. and learned Friend the Member for Beaconsfield is looking to frustrate the process of Brexit, but it would delay the process of Brexit and raise the possibility of that process never happening at all. We are handing over the negotiating advantage to the EU.