A PARTIAL ban on smoking in pubs and clubs could breach human rights, ministers were warned.

A committee of MPs and peers has written to Health Secretary Patricia Hewitt demanding she justify proposals to exempt pubs that serve food and private clubs from the clampdown.

The Joint House of Lords and House of Commons Committee on Human Rights said the policy could discriminate against bar staff in smoking venues and drinkers in deprived areas.

The committee also judged that that the all-out ban being demanded by MPs, health bodies and unions would not breach the rights of smokers.

It emerged that the Government is considering allowing MPs a free vote on the issue.

Members of the Labour-dominated health committee last night submitted an amendment to the Bill that would impose a total ban in licensed premises.