The UK government looks set to clash head-on with the European Commission (EC) over a smoking ban in pubs and bars.
Prime Minister Tony Blair (right) is said to support the trade's voluntary approach to regulating smoking. However, Brussels has thrown its weight behind those lobbying for a legal ban.
While smoking policy is a matter for individual countries, the EC has the right to intervene on health and safety issues. EC health commissioner David Byrne has confirmed he wants to push through legislation banning smoking in restaurants, cafés and bars across Europe.
Mr Byrne believes the measure is needed to protect workers, and is considering laws clearing the way for employees to sue over workplace smoke.
He said: "There might ultimately be legal exposure for employers in circumstances where workers have been exposed to this risk."
Nick Bish, chairman of the industry Charter Group, said: "These noises from the EC are at the very earliest stages and there is still a long way to go before we get to the point of legislation.
"Other EC states which have a far more embedded smoking culture than we do, particularly those which are also tobacco producers, are likely to resist strongly and the chances of this coming to pass seems remote."
The trade would also have an ally in Mr Blair, who is said to have told fellow ministers that a ban would increase red tape for business, as well as alienate voters who smoke.
One senior government figure was quoted as saying: "Tony's view is that the best way to do this is through voluntary measures. There is increasing evidence that businesses are willing to do something about it themselves."
Mr Bish said: "If this is genuinely the view of the prime minister and the government, then it is clearly very welcome recognition that sensible self-regulation is the most appropriate policy."