Under the Government's proposals unveiled in November last year, smoking will be outlawed in restaurants from 2008 and in all pubs and bars that serve and prepare food from 2009.

On 20 June this year, the Department of Health (DoH) released its Consultation on the Smokefree Elements of the Health Improvement and Protection Bill, which invites responses to the new proposals.

In launching the consultation process, health minister Caroline Flint defended the Government's position of backing away from a complete ban. "We're trying to marry up health needs with public opinion, and our research shows only 20% of the population favour an outright ban," she said.

However, others believe the Government's decision to hold back from a total ban was more a thinly veiled attempt to hang onto the smoking vote pre-election.

Ian Willmore, spokesman for pressure group Action on Smoking and Health (ASH), described the exemptions to the full workplace ban as a pre-general election fudge. "The original proposal from [former heatlh secretary] John Reid followed his reading of the polls, but he's no longer there [at the DoH]," he said.

So will the Government change its mind following the consultation period, and go for a total ban on smoking in the workplace? Willmore is cautiously optimistic.

"Everyone in the industry is of the opinion that the exemptions don't make sense," he said. "I think the most likely outcome is that the Government will drop them, although I wouldn't bet my house on it."

The arguments for a partial ban seem weak and the DoH's position seems at odds with scientific evidence.

Last year, the Scientific Committee on Tobacco and Health said: "Knowledge of the hazardous nature of second-hand smoke (SHS) has consolidated over the past five years. It is evident that no infant, child or adult should be exposed to SHS."

Despite this assertion, and the fact that the DoH insists its legislation "delivers its objective of protecting persons from the health risks of SHS", workers in bars and pubs are still being exposed.

In response to the consultation, ASH states: "There can be no justification whatever for protecting the great majority of employees while continuing to leave some of the employees at the greatest risk (bar staff in exempted premises) exposed."

Other areas of the policy also seem unclear, including the definition of foods that would still be allowed in smoking pubs. "The regulations would enable snacks to be defined by reference to their ingredients, weight, size or other characteristics," states the document, leaving most of us none the wiser.

The consultation is intended to get the industry to respond on the merits and practicability of this proposal, and the impact that choosing between food and smoking would have on licensed businesses.

Yet, some leading bar and restaurant operators have already called for an outright ban to head off operational confusion. Milk & Honey bar owner Jonathan Downey called the proposal "stupid and irrational", while La Tasca chief executive James Horler said he was "delighted" by the operational simplicity of the blanket ban in Scotland.

Living Ventures managing director Tim Bacon said: "It doesn't take a rocket scientist to see that a full ban will happen."

Some local councils are also asking for separate powers to outlaw smoking, including Camden in London, plus Liverpool and Cambridge. If such powers are granted, then consumers and operators could be faced with different rules on smoking in England and Scotland, and inconsistent rules between English towns. Wales could follow yet another path, adding even more confusion.

What is clear from the consultation document is the financial benefit of a total ban on smoking in the workplace, which clearly outweighs the other options.

Options for a ban on smoking

If you want a clearer policy to be adopted on smoking, now is the time to respond to the Government's consultation and put forward your point of view. We would like to help you do this.

Add your voice to calls for a total ban on smoking >>