A total ban on smoking in all English pubs and bars is becoming increasingly likely as the government has bowed to rebel backbench pressure and is to allow its MPs a free vote on the issue.

A Downing Street spokesperson said today that all MPs would be able to vote as they wish on the Bill, while it is understood that Prime Minister Tony Blair has told his whips to be relaxed about any rebel Labour MP who votes for an outright ban on smoking.

Backbench Labour MPs had reportedly threatened to table an amendment to the Health Bill to remove the exemptions in the law, which is due to take effect in 2007, if ministers refused to allow a free vote on the issue of a total ban on smoking in public places in England.

A joint Lords and Commons committee on human rights also said that a partial ban, which would exempt pubs not serving food and private members' clubs, could breach human rights law in terms of a workers' right to fair treatment.

Employees working in bars which allow smoking would be discriminated against because they would be exposed to second-hand smoke while workers in pubs where a smoking ban was total would be protected.

The Health Bill in its current form proposes to outlaw smoking in public places but exempts private members’ clubs, prisons, the Armed Forces and pubs which do not serve food.

Around 60 Labour MPs are believed to be unhappy about the partial ban on smoking. This would reportedly be enough to overturn the Prime Minister’s 65-seat majority when the Health Bill returns to the Commons for its third reading in the next couple of weeks. Details: www.dh.gov.uk