A LOCAL authority worker is set to become the first in Scotland to sue his employers for compensation for illness caused by passive smoking.

Mr David Beare, a council officer with the Highland Council, was off work for several weeks earlier this year and has lodged a claim through an insurance company.

During his working day he was asked to stand in the members' foyer at the council headquarters in Inverness, one of the few areas where councillors and officials are allowed to smoke.

Mr Beare, who is in his 50s, believes that this affected his health and brought on asthma attacks. He has since returned to work but no longer frequents the foyer at the request of his doctor.

Mr Beare's colleagues were surprised to hear of his claim for compensation because they said he was a former smoker himself. One said: ``He used to smoke up to 40 a day until about three years ago and then he gave up on advice from his doctor.''

Councillor Sandy MacKenzie, who represents the Ross-shire town of Invergordon where Mr Beare lives, said: ``Personally, I find it ironic that he thinks that the three years of passive smoking have done more damage than the years of heavy smoking in his past. I know of no councillor who supports his claim.''

At this stage it is not known how much compensation is being sought.

Personnel services director Alistair Dodds has confirmed that an employee was taking action against the council but refused to go into details.

Mr Beare yesterday refused to comment on the action.

Anti-smoking pressure group Action on Smoking and Health (ASH) Scotland is welcoming Mr Beare's decision to claim for compensation from his employers.

Meanwhile, the council yesterday delayed a decision on whether to ban smoking from all of its buildings and vehicles until a detailed report into the cost of allowing designated smoking rooms was completed.

Mr Bill Fulton, councillor for Kyle and Sleat, said: ``It is a total nonsense to ban smoking and we have to be careful that we are not guilty of over reacting.''

Councillors agreed to delay making a decision on a smoking policy until after a full report into the cost of allowing for designated smoking areas is put before the personnel committee in six weeks.

A new smoking policy for council employees and councillors will not be implemented before December 31, 1997.