The Stage

Minister’s up-front policy is a ‘shambles’ - unions

Published Thursday 18 March 2010 at 11:30 by Matthew Hemley

Equity and Bectu are demanding urgent talks with ministers following news the government has performed a U-turn on legislation aimed at banning up-front fees once and for all.

Bectu general secretary Gerry Morrissey and Equity general secretary Christine Payne have written to business minister Pat McFadden after it emerged that rules due to come into force this year, which were set to ban agencies taking up-front fees from extras, walk-ons and background artists, have been severely watered down.

In their letter, the union representatives have labelled the move “totally unacceptable” and claim there is no justification for changing the legislation, which was unveiled in November 2009.

Bectu national official Spencer MacDonald labelled the affair “a shambles”.

He added: “This latest U-turn by the Department for Business, Innovation and Skills is a clear sign of a department in crisis which doesn’t have an organised plan to combat rogue agents.”

Last November, BIS unveiled new regulations which stated that agencies representing walk-ons, background artists, extras and models would be banned from taking up-front fees - money paid by the artist to the agent before any work has been secured - to include clients’ details in a publication or directory.

At the same time, the government said other performers, such as actors, who are currently given a seven-day cooling off period before committing any money to appear in a directory, would benefit from a 30-day cooling off period instead.

Announcing the new laws at the time, McFadden said that they would “tackle the unscrupulous agents that represent the less appealing face of the modelling and entertainment industry”.

But the government has now revealed that it has changed its mind, and that only agencies recruiting models will be banned from taking up-front fees to include details in a directory from October this year, with extras, walk-ons and background artists benefitting only from the 30-day cooling off period.

However, particular confusion surrounds a new provision being introduced, which will provide work-seekers who are charged a fee to include details in a publication with a seven-day period in which to object to the information being printed.

The government has indicated that the seven-day period will start when the agency makes this information available to a client and that no money can be taken before this seven-day period has elapsed.

A spokesman for BIS said it expected that these seven days would normally fall within the 30-day cooling off period.

However, he was unable to explain what would happen if the information set to be published is presented to a client outside of the statutory 30 days.

The spokesman said that changes to last year’s proposed legislation had been made because of the “fine distinction between extras/walk-ons and actors”, which he said would have made it difficult to enforce.

“We have therefore concluded that it would be better to provide additional protections to this group rather than introduce a ban that was ineffective,” he explained.

He added that while the government would no longer be introducing a ban on up-front fees for walk-ons, extras and background artists, it would be “strengthening the protections that this group will be entitled to” by extending the current seven cooling-off period to 30 days.

“They will also have strengthened rights in terms of cancellations and refunds over this period.

“Agencies will also be required to notify them of these conditions when entering into a contract,” he said.