Agents attack DTI for ignoring ‘cowboys’

Published Tuesday 28 November 2006 at 15:50 by Nuala Calvi

Representatives from the Agents’ Association have accused the Department of Trade and Industry of failing to clamp down on rogue operators who are exploiting artists and giving their profession a bad name.

The organisation, which represents around 400 firms across the UK, says although it has reported agents who are breaking the law to the attention of the DTI’s Employment Agency Services Inspectorate, the DTI has chosen not to prosecute.

It claims the department spends too much time investigating association members, most of whom are operating within the law, and not enough time chasing “cowboys” who illegally take up-front registration fees or over-charge artists to appear in their casting books.

Former president Peter McLeod, a member of the group’s DTI liaison committee, said: “We are puzzled as to quite what the internal guidelines are that determine whether further action is taken or not. We passed on complaints about two bankruptcies last year - in both cases the Agency Services Inspectorate declined to prosecute.

“More investigations are being made of our sector, who are in professional associations, than those not in them - a large number of whom are cowboys. We would have thought those people should have been the prime target for inspection.”

Bob James, another former president, said the department’s own inspectors frequently appeared confused about the regulations governing agents in the entertainment industry and gave members incorrect advice on how to interpret them.

He added: “The compliant agencies like our members are spending the time and huge expense operating within the law and the black economy - people working for cash and through mobiles - are just laughing at us and the department.”

Their concerns echo those of up-front fee campaigners such as Equity councillor Clive Hurst, who complain the DTI has not successfully taken a case to court under the Employment Businesses Regulations since they were introduced in 2003.

Hurst said: “I’ve referred dozens of cases to the DTI over the years. All they do is tell complainants that they’re monitoring the situation but they do nothing. No-one has been able to prove whether these regulations have any effect in law. We’re in bandit country - anything goes.”

Shadow business and enterprise minister Mark Prisk also wrote to employment minister Jim Fitzpatrick last month asking him to make sure the inspectorate “does its job properly”.

Meanwhile, Equity and Bectu have called on the DTI to introduce an outright ban on up-front book fees. However, the AA claims that if the current laws were enforced properly, this would not be necessary.

A DTI spokesman said its inspectorate followed up every relevant complaint and was in the process of investigating a number of entertainment agencies. He said its inspectors did not give wrong advice.