When Rishi Sunak announced his plan to create a “smoke-free generation” at a conference, some of his own MPs were confused. It was not just about the policy, but also the timing – were Tory rank and file the right audience? In fact, Sunak was in a hurry to make the announcement because he feared (and some of his advisers had warned) that Labour might beat him to the punch if he didn’t do it soon. So it was no great surprise when the bill was revived in Keir Starmer’s first royal speech. But now Starmer and his health secretary, Wes Streeting, want to go even further than Sunak had planned.

The bill was originally intended to ban smoking altogether and make it so that anyone born after 2009 would never be able to legally purchase cigarettes again. Sun revealed that ministers want to toughen up the legislation and use it as a means to enforce a ban on smoking outdoors in a range of locations. This could include beer gardens, outdoor restaurants, football stadium pitches, outdoor areas of clubs and pavements. Small parks, hospital grounds and university campuses could also be included. Starmer has not denied that this is being considered and told the BBC when asked that his government is considering banning smoking in some outdoor locations.

There has already been a backlash, with reformer Nigel Farage threatening to never set foot in a pub again if this becomes a reality, while Robert Jenrick – the candidate for the Conservative leadership – said it would hurt pubs and hospitality venues. Even figures from the business world agree, fighting back on the grounds that it could hurt the hospitality industry, which is already struggling.

Will the warnings be heeded? There was always a danger that a Labour government would be tempted to go further than the Tories on the “nanny state” and personal freedoms. When opposition leader Starmer was asked if he minded his policies being branded a “nanny state,” he replied: “I’m absolutely ready for that fight.”

There is unlikely to be much resistance within the Labour party. Just look at the Tories and their stance on the smoking ban under Sunak – only a handful of MPs rebelled. And Labour could go even further. One of the risks of Sunak’s smoking ban was that it set a precedent in health policy where things could always be banned after a certain age. The fact that the Tories championed this makes it easier for Labour to tackle smoking more generally, and it is plausible that this could be extended to fast food and alcohol consumption in the future.

Starmer argues that smoking costs the NHS – and therefore the taxpayer – a lot of money, so a tougher crackdown is justified. The same argument could of course be applied to obesity and alcohol damage. The question is whether the Tories and reforms can provide an effective opposition – many of these measures are popular with the wider public. For the Tories, that means making the personal liberty argument that has been largely absent over the past year.

Hear Katy discuss the Labour smoking ban in the latest episode of Coffee House Shots: