Successful legislation would see a ban in eating places

The consultation, which ended on Friday, began after Scottish National Party MSP Stewart Maxwell announced plans for a members bill to introduce a ban.

He believes cigarette smoke is a health hazard for staff and customers alike and he claims that ventilation systems do not remove carcinogens from the air.

The proposal would affect mainly bars and restaurants, though the ban would not extend to outside tables.

Opponents say it is a restriction of liberties. Nevertheless, Mr Maxwell is aiming to introduce a bill to the Scottish Parliament by Christmas.

He argued: "Voluntary regulations have quite clearly failed. Evidence is now stacked up that that ventilation is no more than a cosmetic exercise. It doesn't work.

Fury

"The idea that you can share a room between smokers and non-smokers means there is no choice for non-smokers. Effectively they are in a smoking environment. Ventilation doesn't take away the toxins, and that's the problem."

Mr Maxwell added: "There is no reason why people who work in the hospitality industry, or non-smokers who go out for a meal, or children who are taken into restaurants or anyone else, should be exposed to the dangerous levels of toxins within smoke.

"People should have a right not to inhale smoke. People have no right to force non-smokers to inhale their smoke. It seems very strange."

He said: "In any other area of life we would not allow something as dangerous as smoke to be forced upon people. It wouldn't happen."

Tories, though, are furious over the no-smoking measures. MSP Brian Monteith called them "an imposition, entirely unnecessary and unjust".

He said: "It is important we have a choice. We have a choice in licensed premises, in restaurants and in clubs that can offer either smoke-free areas or entirely smoke-free areas.

"And obviously those who wish to smoke in such places can find clubs, restaurants and bars which allow it."

He added: "We can actually create areas where the different air pressures ensure the smoke gravitates towards the smoking areas and not into the smoke-free areas.

"A great deal of investment is being made by pubs and bars to do this. The obvious answer is to allow some places that have no smoking, and others that allow smoking if one wants it. I would be quite happy with that."

In April a Californian academic accused Scotland of lagging behind the rest of the western world on smoking in public places.

High smoking rates

Professor Stanton Glantz, of the University of California in San Francisco, said lessons could be learned from the successful smoking restrictions introduced in parts of America.

There is currently no legislation on smoking in public places in Scotland and the rest of the UK.

MSP Stewart Maxwell believes smoking and eating do not mix

Scotland has some of the worst rates of tobacco related illness in western Europe, and the highest smoking rates in the UK.

A ban on tobacco advertising is now in force in Scotland as it is in the rest of the UK. The Tobacco Advertising and Promotion Act also prohibited the promotion of tobacco products through free gifts, coupons and mail shots.

The Scottish Executive had been under pressure from opposition parties to take unilateral action on tobacco advertising.

The Scottish National Party proposed a members bill to ban advertising north of the border.

But the executive refused to endorse the proposal and argued that a UK-wide ban was the best way to achieve results.