Fossil fuel advertising should not be banned in ACT sports venues, a committee has said, but a Greens member has hit out at members saying she was blocked from participating and they had not tested fully tested evidence.
The Legislative Assembly's standing committee on environment, climate change and biodiversity said the Greens' bill should not pass as it would present an "unreasonable risk" and be "detrimental" to the ACT sports community.
Greens backbencher Jo Clay put forward the bill which would ban fossil fuel ads at the AIS, Canberra Stadium, Manuka Oval and the Canberra Tennis Centre. It also raised the possibility of teams needing to cover up certain brands on their playing strips.
When promoting the bill, Ms Clay said the territory government needed to be an "activist government" on tackling climate change and it would prompt much needed conversations about the future of fossil fuel advertising.
But the committee concluded there was no evidence the bill would contribute in helping reduce emissions and there was "considerable potential" a ban would reduce the territory's ability to host national and international sport events.
The ACT could face significant penalties if the bill was enforced, the committee said, as there was a risk the territory would be in breach of contracts given major sporting organisations are sponsored by fossil fuel companies.
"Enacting such a ban in the ACT would, in the committee's view, potentially lead such major sporting events to select other locations outside the ACT," the report said.
"These carry the potential to impose significant costs to the government and the community as a result of potential financial penalties, and through lost opportunities to host sporting and other major events that are of significant economic benefit to the ACT."
But this conclusion was slammed by Ms Clay, who said the inquiry was full of "unusual processes". She is the deputy chair of the committee and outlined her views in a dissenting report.
The committee report said: "as the bill was introduced by Ms Clay, she declared a conflict of interest, and chose to remain on the committee but not participate in deliberations on the inquiry".
However, Ms Clay said her role in the inquiry changed a number of times. She said there had been a number of examples where members had brought forward an issue and contributed to the inquiry as committee members.
"My status on the committee was changed repeatedly during the course of the inquiry. At first, I was a full participating member. Then I was permitted to deliberate, but not vote. Then I was not permitted to deliberate or participate," she wrote.
"When I questioned committee decisions on process, the committee changed my status and I could not ask further questions."
The Greens backbencher hit out at further decisions made by the committee, including the decision to not hold a public inquiry.
Ms Clay also said the committee accepted a letter from Chief Minister Andrew Barr as the territory government's position. But Greens leader and cabinet minister Shane Rattenbury refuted this as a position held by the government.
Mr Rattenbury said, in a statement last month, he rejected the views put forward by Mr Barr in the letter.
The Chief Minister's letter said the bill "could have significant negative impacts on the ACT sporting communities".
"As currently drafted, the prohibitions and offence in the bill will have implications for the territory in relation to the ability to host future sporting events at GIO Stadium and Manuka Oval," Mr Barr wrote.
"It is likely that the bill could expose the territory to the risk of significant claims for damages for breach of contract or frustration in relation to current venue hire agreements."
Ms Clay said the findings from the committee should be set aside.
