Conservative MPs tried last week to ambush the government's support for a Europe-wide ban on tobacco advertising.

Public health minister Tessa Jowell appeared before the select committee on European legislation to answer claims that ministers broke guidelines on European Union directives when they supported a ban two months ago.

Members William Cash and Shaun Woodward said the guidelines showed businesses and other organisations affected by new proposals should be consulted 'early' and 'frequently' so the likely impact of directives could be assessed.

They claimed the government had failed to consult businesses about the proposed tobacco advertising ban, even though the EU directive supporting one had been lying dormant since 1992.

Ms Jowell rejected the claims, saying she believed the government had 'exceeded' its obligations.

She said the guidance showed a full appraisal of new directives should be done 'when Parliament comes to legislate on a proposal' rather than in the early stages of negotiation. EU members met last week to agree formally their 'common position' on the issue.

Ms Jowell said the government was already in close contact with tobacco companies and had been since the general election.

Committee chair Jimmy Hood assured the minister the committee would conclude 'the procedures were followed as fully as possible'.

But Mr Cash told journalists the Confederation of British Industry was extremely concerned about the way the matter had been handled.

'This is a government that does not give a fig for proper guidance or consultation,' he said. 'It is determined to force this through because of its views on public health.'

The British Medical Association has welcomed a Court of Appeal decision that 40 patients with lung cancer can sue the tobacco industry for compensation. BMA council chair Sandy Macara said it was 'outrageous for the tobacco industry, with billions of victims' pounds at its disposal, to try to intimidate the plaintiffs and their lawyers into dropping their action'.