Canterbury City Council Bill

Jacob Rees-Mogg Excerpts

Wednesday 6th February 2013 Commons Chamber

[Mr Chope]

I fear that, on too many occasions, parliamentary colleagues do not actually look at what they are voting on. I cannot think of any other explanation of why Members would wish to vote in a completely different way from how they voted earlier.

[Jacob Rees-Mogg (North East Somerset) (Con)]

The obvious reason why this House is so full is that hon. Members wish to listen to my hon. Friend the Member for Christchurch (Mr Chope), who is always illuminating.

[Mr Chope]

I am grateful to my hon. Friend, as always, for his intervention, but on this occasion he is absolutely wrong.

This is the last group of amendments that we will debate on this Bill. In fact, the amendments relate not only to the Canterbury City Council Bill, but to all the Bills that we are discussing. It is right at this stage to pay tribute to everybody who has participated in these debates.

--- Later in debate ---

[Philip Davies]

I am grateful to my hon. Friend and I will just say in passing that I very much agreed with his earlier intervention on my hon. Friend the Member for Christchurch when he said that these matters are best dealt with at a national level. We are either in favour of ticket touting or we are not, and the same rules should apply across the country. Like my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown), I think that many people will believe that touting relates mainly to sporting events, or perhaps even big music events, which is maybe one of the reasons why it is in, for example, the Reading Bill in the first place, as it has a big music festival.

My hon. Friend will be interested to know that clause 11(2) talks about affecting

“Any person who, in a place designated under this section”—

I mentioned briefly about the areas that apply—

“importunes any person by touting for a hotel, lodging house, restaurant or other place of refreshment, for a shop, for a theatre or nightclub or other place of amusement or recreation, or for a boat or other conveyance shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

Straight away, my hon. Friend will appreciate that this goes far beyond what he and many other people might think of it.

[Jacob Rees-Mogg]

I am troubled about this definition of “touting”, because it includes all forms of entertainment. If one were to give out a leaflet asking people to join the local Conservative party, which is always a source of the greatest entertainment, would that potentially count as touting and be illegal in Reading but legal in Canterbury?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I do not think that we need to go down that path; I do not think it would be illegal anywhere.

--- Later in debate ---

[Philip Davies]

I am very grateful for your protection, Mr Deputy Speaker, because I fear I am being troubled by questions that I am unable to answer.

[Jacob Rees-Mogg]

In the interests of impartiality, may I inquire about the Liberal Democrats?

[Mr Deputy Speaker]

Just to show that I am impartial, absolutely not.

--- Later in debate ---

[Philip Davies]

I guess that the hon. Gentleman is merely highlighting the point I am making and which the Select Committee started out with, which is that the term “touting” has different meanings to different people. I am grateful to him for accepting that point.

In considering whether to support the Lords amendments, it is important that Members decide whether they think that touting is a perfectly acceptable practice or an unsavoury practice. Of course, there are some unsavoury parts of touting—they are not specific to touting itself, but go along with it. For instance, people associate the selling of counterfeit tickets with touting. As it happens, however, that is already a criminal offence. It is not a good excuse for banning touting anywhere, given that legislation is already in place to deal with it. It might well be that people feel it clutters up a town or city and that it would look better without such people making a nuisance of themselves. It might well be that people think the nuisance is worth stopping. Perhaps they are being pestered by people handing out leaflets or trying to drag them into their restaurant against their wishes with a lasso or whatever mechanisms it is they use.

[Jacob Rees-Mogg]

I have a feeling that my hon. Friend is talking about false imprisonment—people being dragged into restaurants against their will—and surely that is against the law anyway.

[Philip Davies]

As ever, my hon. Friend makes a good point. He is renowned in the House for defending individual freedom. Of course, if people wish to be encouraged into a place, that is a matter for their free choice, but if people go too far, they would be breaking the law. Those practices may well lead people to want to stop touting altogether.

Some people think that touting acts against the interests of the general public. This brings us to the crux of the argument about whether in principle we should find touting acceptable or unacceptable, as well as back to the point my hon. Friend the Member for The Cotswolds made about the touting of tickets for sporting events. Touts mop up tickets for extremely popular events at a low price or at face value and sell them on at an inflated price to the general public who could not get their hands on them because the touts were buying up all the stock. In effect, the general public—the fan or the person who genuinely wants to go—end up having to pay above the odds for their tickets, which people find unsavoury. The Select Committee took a great deal of evidence on that. Indeed, there has been a great deal of concern about this issue and interest in it.

As it happens, it was not just the Select Committee that looked into the issue. The Office of Fair Trading has also investigated whether ticket touting should be stopped because it acts against the interests of the consumer. After many months of inquiry, the Office of Fair Trading found—this was consistent with the evidence it gave us during our inquiry—that, on the whole, touting acts in the best interests of the consumer, and it does so on a number of levels. In many cases, someone who has bought a ticket for an event that they genuinely hope to go to, but who finds that for some reason they cannot go, will be refused a refund by those who sold them the ticket because it is non-returnable. That person is left with a ticket—it could be an expensive ticket—that they cannot do anything with. What are they expected to do? Their only hope is what is known as the secondary market, which is what is known colloquially as touting. Indeed, I am rather surprised that clause 11 is entitled “Touting”. I think that “Secondary market” would probably be a fairer name.

--- Later in debate ---

[Philip Davies]

My hon. Friend is absolutely right. Clause 11 stands out like a sore thumb from the rest of the Bill, whish is pretty consistent in being about pedlars and street traders, as he rightly says. I pay tribute to the scrutiny he has given the Bill during its passage through this House. Clause 11 stands alone in that it can apply to anybody. It should be an acceptable part of life—it would be acceptable to me, as well as the Office of Fair Trading and the Select Committee, which looked at this—for someone in Canterbury who happened to have purchased a ticket for an event they could no longer attend to sell their ticket on to somebody else. Once people have bought their ticket, it is their ticket. If they want to sell it on to someone else, that should be a matter for them.

[Jacob Rees-Mogg]

Surely this should be a matter of contract. If the ticket prohibits the purchaser from selling it on, they should be prohibited from so doing, and if it allows the use of the secondary market, that should be allowed. Purchasing a ticket is a contractual activity; the ticket is not an item of property.

[Philip Davies]

My hon. Friend makes a good point but, interestingly, it is not made clear in the provision that that would be the case. Many tickets state that they are not to be resold, or that they are non-transferable. The promoter of an event could take the matter to court to test the contract, and the court could find against the person who had sold the ticket on, whether for a profit or not.

--- Later in debate ---

[Philip Davies]

I have not forgotten the hon. Gentleman—

[Jacob Rees-Mogg]

He is unforgettable.

[Philip Davies]

Indeed he is.

Notwithstanding the question of an individual’s freedom to do what they want with a ticket that they have bought, it seems unacceptable to include the clause in the Bill, as it would provide for imposing a further penalty. Let us imagine that someone had bought a ticket to an event but could no longer attend it. They would lose their money because they could not get a refund, but if they tried to resell their ticket, they would also face being fined for so doing. They would lose out financially.

--- Later in debate ---

[Philip Davies]

I am grateful to you, Mr Deputy Speaker, and I shall try not to be sidetracked by people trying to lead me astray. The hon. Member for Ealing North (Stephen Pound) is always trying to do that, but I shall resist the temptation.

[Jacob Rees-Mogg]

I want to ask my hon. Friend a question on the specifics of the amendment that we are considering. As I understand it, someone with a ticket in Reading would need to go to Canterbury to do their touting, because it would be illegal in Reading but not in Canterbury thanks to their lordships wise amendment. Is that correct?

[Philip Davies]

rose—