Vol. 476 No. 1
2 Mrs. O'Rourke asked the Minister for Enterprise and Employment the progress, if any, that has been made to outlaw the practice of charging booking fees on concert tickets; and if he will make a statement on the matter. [6195/97]
In his annual report for 1991, the Director of Consumer Affairs stated:
A number of complaints were received during the year from consumers about theatre and concert ticket booking fees. Under existing legislation it is not possible to prohibit booking fees per se and it would not be desirable to do this in a market economy. It would, however, be possible for the Minister for Industry and Commerce to make an advertising order under section 11 of the Consumer Information Act, 1978, prescribing that particular information should be included in concert and theatre advertisements in a specified form and manner.
He adverted to the re-emergence of consumer complaints about this matter in his annual report for 1994, which I received during 1996.
On foot of the concerns expressed by the director and following consultations with concert and theatre ticket providers, I asked the Attorney General to prepare an order under section 11 of the Consumer Information Act, 1978 requiring that in every written advertisement for a public concert or theatre performance the admission price must be indicated and, where applicable, and separately, the amount, in monetary or percentage terms, of any additional charge and the circumstances in which such additional charges are payable — for this purpose admission price would mean the price stated on the face. In all other forms of advertising the admission price must be stated, together with a reference to the fact that an additional charge may be payable in certain circumstances. Where an advertisement for a public concert or theatre performance makes a statement about the method of payment for tickets and there are restrictions in relation to that method of payment to be applied, the extent of those restrictions shall be clearly stated in the advertisement.
I am informed that, where applied, additional charges are intended to offset the costs associated with the making available of the ticket to the would be purchaser, in circumstances where the would be purchaser, decides on his or her own responsibility, to procure the ticket other than by means of direct purchase at the venue in which the concert or theatre performance takes place.
The Consumer Information (Advertisements for Concert or Theatre Performances) Order, 1997, incorporating the three aforementioned requirements, was signed by me on 4 March, presented to the Houses of the Oireachtas on 5 March and shall come into operation on 12 May 1997. This shall allow adequate time for concert promoters to adapt to the new arrangements.
The Minister's reply is interesting. I submitted my question last Friday, 28 February and I am glad it stimulated someone into action as I thought the matter had been dropped. How fortunate and timely that my question stirred the Minister from his inactivity on this matter and that an order was produced on 4 March and laid in the Library on 5 March, to the wide open gaze of Dáil Éireann. I am delighted that although I was removed from the Department of Enterprise and Employment, I can continue to poke at it. The booking fee most unjust and rips off consumers. What arrangements have been made by the Director of Consumer Affairs and-or the Minister's Department for their reportage to ensure that concert halls and promoters comply with the relevant order?
I confirm that there is not a day in my parliamentary life that Deputy O'Rourke does not stimulate me into some productive action. Even this morning I woke up to "Morning Ireland" to hear her stimulating me to further effort on a different matter. Whereas I do not wish to decry the lady's own interpretation of her power in these matters, neither she nor her colleagues poked very effectively at the matter when in this Department. Contrary to her question of 5 September provoking me to do so, I took the report from the Director of Consumer Affairs in 1996.
To which year did that report apply?
It applied to 1994. That report is what caused me to have the order prepared. The Deputy will appreciate it could not have been prepared between the submission of her question and my making the order, it being such a complex matter. Referring to his 1991 report the Director of Consumer Affairs had the following to say:
In a previous annual report — that is 1991 — I raised the possibility of a solution to the vexed question of additional fees for telephone credit card bookings for theatres, concerts, films and shows of various kinds. I am disappointed that, despite this and a number of recommendations I have made in the past, no action has been taken on the problem which emerged again in 1994.
Obviously the Director of Consumer Affairs was aggrieved that no action had been taken during those years. Once the matter was brought to my attention in 1996 I immediately set about drafting the order concerned with the co-operation of the Attorney General's office. I am very glad that order is now in place and I hope it will result in consumers being clearer about their entitlements.
How strange it is that the Minister of State has been in office two years and almost four months, yet only now as a result of my parliamentary question tabled in September last and today's, has he been stimulated to act. No matter how much he huffs and puffs through his robust chest on the matter, the fact remains that he has been in office for two years and almost four months and mirabile dictu only now produced the order for signature on foot of my question tabled on Friday last.
This matter is leading to argument and debate.
I accuse the Minister of State of being tardy in his response and of being slothful.
I repudiate the charge of being tardy. In a practice that will not continue in my term of office, the report of the Director of Consumer Affairs for 1994 was not received until 1996.
Why was that?
That was the first occasion on which I heard of this problem. I have dealt with it. It took some time to formulate the order. The Director of Consumer Affairs brought this to the attention of the Government of which Deputy O'Rourke was a member in 1991. Between 1991 and her leaving office, no action was taken.
What has the Minister been doing for the past year? Nothing; he is remarkable for his inactivity.
