John Minihan (Progressive Democrats)

It does not extend to boats or yachts, although perhaps an amendment could provide for this. There has been much debate about under age and binge drinking among 15 and 16 year olds. I am concerned that there should be more flexibility in these provisions. The overall circumstances of an offence must be taken into account, including the type of drink provided and the adequacy of the supervision. If the courts were allowed such flexibility, they would be able to make a decision based on all the circumstances of a case in the event of prosecution.

As drafted, the provision means that if a prosecution were to take place and the parent were to give retrospective permission, the case would not stand up. I would prefer to see the matter before a court in which the judge could examine all relevant factors to allow him or her to conclude whether or not adequate supervision was provided or permission was forthcoming.

I am a little concerned that we will trip ourselves up by making an unintentional provision in trying to curb the scourge of under age drinking. People order drink from off-licences in the name of an adult and send a taxi driver to collect and deliver it to them. It is the same as ordering a pizza. We must provide greater flexibility and control to courts to allow them to form an opinion on the overall circumstances surrounding such an occasion.