asked Her Majesty's Government:

What is the longest time in the past six months that a detainee has been held in the short-term holding facilities at Heathrow Airport. [HL3318]

During the past six months, the longest time a detainee has been held in the short-term holding facilities at Heathrow is 47 hours.

asked Her Majesty's Government:

When they will produce statutory provisions governing the short-term holding facilities at Heathrow Airport. [HL3320]

We aim to introduce short-term holding facility rules this autumn; the rules will make provision for the regulation and management of all UK Border Agency's short-term holding facilities, including those at Heathrow Airport.

asked Her Majesty's Government:

Whether they will improve access to interpreters for detainees in the short-term holding facilities at Heathrow Airport. [HL3321]

The UK Border Agency is mindful of its duty to act in the best interests of detainees and regularly reviews its detention procedures.

Where any individual cannot communicate in English, UK Border Agency officers will engage a qualified interpreter. This protects the individual's interests and also ensures fairness and transparency in the application of the Immigration Rules.

Detainees are also allowed to use personal mobile phones and have access to pay phones while in the short-term holding facilities at the airport. Numbers for embassies and consulates are either prominently displayed or available on request.

asked Her Majesty's Government:

Further to the Written Answer by Lord Davies of Oldham on 22 April (WA 275–6), whether sexual orientation monitoring is an informal requirement of the Department for Culture, Media and Sport for the Arts Council England. [HL3251]

Sexual orientation monitoring is not a requirement of the Department for Culture, Media and Sport for Arts Council England. However, we understand and support the Arts Council in monitoring the distribution of its funds to ensure fairness between groups in our society.

asked Her Majesty's Government:

Further to the Written Answer by Lord Davies of Oldham on 22 April (WA 275–6), why the Arts Council England has been instructed, required or advised by the Department for Culture, Media and Sport to monitor its overall grant-making programmes in terms of gender, ethnic background, disability and sexual orientation; and upon what legal basis and in what terms has such an instruction, requirement or advice been given. [HL3252]

The Department for Culture, Media and Sport has not instructed or required Arts Council England to monitor its overall grant-making programmes in terms of gender, ethnic background, disability and sexual orientation. This is a matter for the Arts Council. We recognise, however, that as a responsible public body Arts Council England needs to monitor its overall grant-making programmes. Such information enables the council to assess whether equality of opportunity to accessing its funding is happening in practice and whether certain groups are missing out on funding.

asked Her Majesty's Government:

Whether building regulations on the positioning of oil tanks are retrospective; and, if so, whether there is a derogation for rural householders with no access to pipeline gas. [HL3406]

The building regulations require tanks to be constructed and protected to reduce to a reasonable level the risk of oil escaping and causing pollution. The requirement applies whenever new or replacement tanks with capacities not exceeding 3,500 litres are installed above ground to serve dwellings. There are no derogations but the level of risk and hence the degree of protection depends on the circumstances in the particular case.

asked Her Majesty's Government:

What consideration they have given to the findings and recommendations of the Joseph Rowntree Foundation's study of night care experiences of older people, relatives and staff in care homes; and whether there is any action they will be taking in response. [HL3440]

The study referred to is based on research carried out in three care homes in Scotland, which has its own system of social care regulation. The Regulation of Care (Scotland) Act 2001 set up the Scottish Commission for the Regulation of Care, which registers and inspects the services listed in the Act, taking account of the national care standards published by Scottish Ministers, to whom the commission is responsible. Action in response to the study is a matter for the Scottish Government.

In England, the regulation of social care services is the responsibility of the Commission for Social Care Inspection (CSCI), which was established under the Health and Social Care (Community Health and Standards) Act 2003 as a single inspectorate to bring together all strands of inspection, monitoring and the regulation of social care services.

CSCI inspects and regulates social care providers, including care and nursing homes, according to regulations and policy guidance set by government, and taking account of national minimum standards (NMS). CSCI is entitled to inspect any care home at any time. It has a wide range of enforcement powers and will take action to protect the welfare of residents, with the aim of raising the quality of care and level of protection for vulnerable people and ensuring that service users and their families can be confident that their welfare and interests are safeguarded.

The regulations and NMS, copies of which are available in the Library, include requirements that care homes should be staffed at all times of the day or night by adequate numbers of suitably trained staff. In the case of care homes providing nursing, this must include qualified nurses.

A comprehensive assessment of care needs should be carried out and an individual care plan drawn up for every resident, together with a plan of care for daily living. All specialised services offered, including services for people with dementia or other cognitive impairments, sensory impairment, physical disabilities, learning disabilities, intermediate or respite care, should be demonstrably based on current good practice, and reflect relevant specialist and clinical guidance.

The environment in homes must be safe, comfortable, clean and hygienic. Residents' accommodation must meet their needs and they must be provided with the specialist equipment they require to maximise their independence.

asked Her Majesty's Government:

What plans they have to mark the bicentenary of the birth of Charles Darwin in 2009. [HL3152]

The Natural History Museum, which is sponsored by the Department for Culture, Media and Sport, is championing a national partnership of several organisations from across the arts, education, heritage, local government, libraries, media, museums, science and tourism sectors, under the brand of “Darwin200”, to produce a high-profile programme of activities and events to mark the birth of Darwin during 2008 and 2009. The Department for Innovation, Universities and Skills is providing £90,000 over the next two years in funding for the co-ordinating secretariat for Darwin200.

The Government plan to nominate Darwin at Downe, Charles Darwin's home and workplace, to UNESCO for inscription on the World Heritage List in 2009.

asked Her Majesty's Government:

Whether they would prosecute a civil servant who disclosed information without authorisation about a taxpayer's affair for (a) misfeasance of public office; or (b) a breach of the Official Secrets Act. [HL3409]

The decision on whether or not to prosecute an individual for the unlawful disclosure of confidential customer information is one for the relevant prosecuting authority. The prosecutor is also responsible for determining appropriate charges, which depend on the specific circumstances of the case, and whether or not it is in the public interest.

asked Her Majesty's Government:

In respect of the Department for Communities and Local Government, on how many occasions in the past year malicious programs have compromised its computer systems; for each occasion, how many machines were affected; how long it took to remove the programs from the system; and what the impact was on the department's activities. [HL3141]

It is not in the interests of UK's national security for departments to confirm whether they hold information about attacks against IT systems. This would enable individuals to deduce how successful the UK is in detecting these attacks and so assist such persons in testing the effectiveness of the UK's IT defences. This is not in the public interest.

asked Her Majesty's Government:

What steps they will take to ensure greater numbers of green plantations in and around new construction sites; and to ensure that such plantations are funded by construction companies. [HL3385]

The Government's Strategy for England's Trees, Woods and Forests describes the broader benefits that the provision of high quality green space through green infrastructure planning can deliver. To support the delivery of the strategy a delivery plan is being produced by the Forestry Commission and Natural England. Under Section 106 of the Town and Country Planning Act 1990, local planning authorities may enter into agreements with developers to secure contributions towards the provision of open space in accordance with policies in their local development documents. The Secretary of State's policy on the use of Section 106 is set out in Circular 5/2005 Planning Obligations. In addition, the Code for Sustainable Homes contains an ecology component which encourages developers to protect and enhance the ecology of the site. This may include planting trees or other vegetation.

asked Her Majesty's Government:

Whether the current results of sentencing in Northern Ireland for deaths by joy-riders are adequate; and if not, what steps they will take. [HL3271]

The Criminal Justice (No. 2) (Northern Ireland) Order 2004 created the offences of “aggravated vehicle taking” and “aggravated vehicle taking causing death or grievous bodily injury” to deal specifically with the problem of what is often erroneously referred to as “joy-riding”. The maximum penalty for the latter offence is 14 years’ imprisonment. Section 285 of the Criminal Justice Act 2003, also increased the penalties available to the courts in Northern Ireland for offences of causing death or grievous bodily injury by dangerous driving—again to a maximum of 14 years’ imprisonment.

Deciding on the appropriate sentence in each individual case is a matter for the judiciary, based on the penalties available, the facts in each individual case and any aggravating or mitigating factors.

asked Her Majesty's Government:

What assessment has been made of the impact of support programmes for inner city and urban regeneration on rural economic development. [HL3334]

The Government are committed to ensuring that all parts of the country, rural as well as urban, benefit from economic development and increased prosperity. While there has been no specific assessment of the impact of inner city and urban regeneration programmes on rural economic development, the State of the English Cities Report 2006 included comparisons with groups of small towns and rural areas.

This showed that overall growth in employment and number of households in small towns and rural areas rose faster than in groups of larger towns and cities from 1991-2003. The research also showed that, outside of London, small towns and rural areas overall had a higher percentage of the working age population qualified to degree level than in larger towns and cities, and a higher percentage of 15 year-olds with five-plus GCSEs.

The report's findings on the importance of linking opportunities, needs and places in order to further economic competitiveness and tackle social exclusion (for example, by improving the accessibility of unemployed people to jobs) offer potential benefits for both rural and urban areas.

The Government's review of sub-national economic development and regeneration (SNR) recognises the contribution small towns and rural areas can make to the wider regional economy, and as contributors to the economic life of cities rather than merely being beneficiaries of economic activity in cities. The SNR proposal for a new statutory duty on local authorities to assess local economic conditions, and take account of their wider economic area, will assist rural and urban economic development.

asked Her Majesty's Government:

Further to the Written Answer by Lord Darzi of Denham on 23 October 2007 (WA 99–100) regarding activities prohibited by South Korea's ministry of health and welfare, whether entities created by inserting somatic cell nuclei from animals into human eggs (whether enucleated or not) would be classified as admixed human embryos within the legislative remit of the Human Fertilisation and Embryology Authority, or whether such embryos would not be subject to legislative regulation in the United Kingdom. [HL3223]

Inserting an animal somatic cell nucleus into an enucleated human egg would produce an embryo which is over 99 per cent animal and which is not a human admixed embryo for the purposes of the Human Fertilisation and Embryology Act. Inserting an animal somatic cell nucleus into a human egg would result in an embryo with three sets of chromosomes, two of which were animal and one of which was human, if any embryo could result from such a process, it would be predominantly animal and would not be a human admixed embryo for the purposes of the Human Fertilisation and Embryology Act.

The Human Fertilisation and Embryology Bill prohibits the placing of such an embryo into a woman. Any proposal to place such an embryo in an animal would fall to be considered under the Animal (Scientific Procedures) Act 1986.

asked Her Majesty's Government:

Further to the Written Answer by Lord Darzi of Denham on 30 January (WA 120–1) regarding the mixing of human and animal gametes, under which provision of the Human Fertilisation and Embryology Bill would the placing of live human sperm into a nonhuman animal be prohibited; and, if it would not be prohibited, how consent would be obtained for such practices; and [HL3224]

Under which provision of the Human Fertilisation and Embryology Bill gamete intra-fallopian transfer of human eggs and sperm into a non-human animal would be prohibited if it does not directly involve placing a fully human embryo in the animal. [HL3396]

A proposal to carry out such procedures would fall to be considered under the Animals (Scientific Procedures) Act 1986. The Act makes provision for the protection of animals used for experimental or other scientific purposes which may have the effect of causing pain, suffering, distress or lasting harm. It sets out a number of conditions which must be satisfied before a licence can be issued authorising regulated procedures and allows wide discretion when reaching licensing decisions.

It is not sufficient that an application satisfies the requirements of the Act for it to be granted. In reaching licensing decisions, the Secretary of State can and does take into account wider societal concerns. This is done on a case by case basis and ensures that ethical and scientific considerations are carefully and fully weighed and that a proper balance is struck when licensing decisions are taken.

The Human Fertilisation and Embryology Bill sets out consent requirements for the use of gametes in the creation of human embryos and human admixed embryos in vitro, and for the storage of human gametes.

asked Her Majesty's Government:

Further to the Written Answer by Lord Darzi of Denham on 21 April (WA 234) regarding the paper by Yu-Chih Hsu in volume 231 of Nature, how the paper supports the decision by the Human Fertilisation and Embryology Authority to permit culture of human embryos for longer than 14 days given its description of contractions resembling a heart beat after 10–14 days of mouse embryo cultivation in vitro; and [HL3226]

Further to the Written Answer by Lord Darzi of Denham on 21 April (WA 234) regarding differences between retention of the structure of an inner cell mass on different surfaces, whether seeding a human blastocyst onto feeder cells more closely resembles a collagen surface or naked plastic. [HL3227]

The Human Fertilisation and Embryology Authority (HFEA) has procedures in place to ensure that centres comply with Sections 3(3)(a) and 3(4) of the 1990 Human Fertilisation and Embryology Act 1990. The HFEA checks compliance on a case by case basis upon inspection.

The culture of mouse embryos, as described by Hsu et al (1974), involved culture on a collagen surface with the intention of nurturing a 3D structure. As far as the HFEA is aware, this study is the only one in which contractions resembling a heart beat have been observed in mammalian embryos cultured in vitro. The gestation period of a mouse is 19 days, meaning at 10 to 14 days a mouse embryo would be over halfway through the normal gestation period.

When culturing inner cell masses which have outgrown from the structure of an embryo, centres must ensure that the method used does not allow embryos to develop past 14 days or the appearance of the primitive streak. The method used must result in a flat culture of cells and not a 3D structure. Embryos that have attached and outgrown on the surface of the dish no longer have the organisation structure of a viable embryo.

asked Her Majesty's Government:

What are the effects of exposure to diazinon on the brain, heart, lungs, liver and kidneys in humans; and what research has been conducted into the chronic effects on those organs in subjects who have survived exposure. [HL3419]

The effects of diazinon poisoning in humans have been reported in a number of clinical studies following accidental or suicidal ingestion of diazinon. The major effects observed are related to excessive stimulation of acetylcholine receptors, which results in changes in the function of the brain, heart, respiratory tract and other organs. Changes in liver enzymes have also been reported. Patients who survive a severe acute poisoning crisis sometimes develop muscle weakness beginning one to four days later and this has occasionally resulted in fatal respiratory failure. There is some evidence that severe poisoning with organophosphates, such as diazinon, can lead to persistent impairment of brain function but effects on other organs have not been reported.

asked Her Majesty's Government:

Before which Parliamentary Select Committee the preferred candidate for the post of chair of the House of Lords Appointments Commission might be required to appear prior to appointment. [HL3368]

The Government are working with the House of Commons Liaison Committee to agree the list of posts suitable for pre-appointment scrutiny by parliamentary Select Committee. Decisions on which committees will scrutinise which appointments are matters for Parliament—not Government.

asked Her Majesty's Government:

What action is being taken in the international arena to prevent any sudden upsurge of fighting in and around Gaza. [HL3391]

The situation in Gaza is of serious concern. It was addressed at a series of high-level international meetings in London on 2 May involving Palestinian Prime Minister Fayyad and Israeli Foreign Minister Livni. The quartet in its statement following the meetings called for an end to all violence and terror and urged all parties to take all feasible steps to ensure the protection of affected civilians in accordance with international law. We continue to make clear to all parties that further violence is in no one's interest.

asked Her Majesty's Government:

What discussions they have had with the Government of Israel and the International Court of Justice about the status of Gaza. [HL3431]

My right honourable friend the Foreign Secretary has had many discussions with the Israeli Government regarding the status of Gaza. My right honourable friend the Foreign Secretary discusses Gaza frequently with Israeli Foreign Minister Livni. At the Ad Hoc Liaison Committee meeting in London on 2 May, the humanitarian crisis in Gaza was discussed by members of the delegation. We have not spoken to the International Court of Justice recently regarding the status of Gaza. We unequivocally condemn the rocket and sniper attacks on Israel from Gaza. But any response by Israel should be in accordance with international law, including the Fourth Geneva Convention. We deplore civilian casualties on both sides. All parties must abide by their commitments under international law.

asked Her Majesty's Government:

What representations they have made to the United Nations Educational, Scientific and Cultural Organisation regarding Israeli actions in Bethlehem, the Temple Mount in Jerusalem and other world heritage sites. [HL3341]

The UK is concerned about excavation activities in the area around the Temple Mount/Haram a-Sharif. Negotiations between Israel and the relevant religious authorities are continuing under the auspices of the UN Educational, Scientific and Cultural Organisation. The UK continues to make clear that any action in this holy site should be taken with the agreement of all concerned parties.

asked Her Majesty's Government:

Which councils in England have local design review panels. [HL3310]

Following the successful introduction of its national design review service, the Government's adviser on urban design, the Commission for Architecture and the Built Environment (CABE), is actively promoting the establishment of design review panels at a regional level. CABE is now taking steps to learn from its own national and regional design review service, and help replicate this at the local level. We are aware that there are an increasing number of local review panels being established by local planning authorities and other bodies, but these are not monitored centrally.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 24 April (WA 304) concerning contracts for mobile phones for the Northern Ireland Office, what is a generic Office of Government Commerce contract; and who decides whether to award such a contract. [HL3276]

The Office of Government Commerce (OGC) is an office of HM Treasury and through its trading arm, OGC Buying Solutions, it provides a professional procurement service to the public sector to enable organisations to deliver improved value for money in their commercial activity and procurement of goods and services. For the purpose of ensuring value for money it establishes arrangements, which departments such as the Northern Ireland Office may use, to draw down goods and services without the need to undertake a further procurement exercise. The decision on the award of the contract was made by OGC Buying Solutions.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 24 April (WA 304) concerning contracts for mobile phones for the Northern Ireland Office, what part equality played in the awarding of the contract. [HL3277]

The Office of Government Commerce (OGC) is an office of HM Treasury and through its trading arm, OGC Buying Solutions, it provides a professional procurement service to the public sector to enable organisations to deliver improved value for money in their commercial activity and procurement of goods and services. The OGC follows public sector procurement rules which provide, through open competition, equality and transparency of opportunity.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 28 April (WA 8) concerning the Northern Ireland Office website, what is meant by “on a regular basis”. [HL3401]

The Northern Ireland Office website is updated on a regular basis—that is, whenever a new publication, statistics and research, or other information that may be in the public interest, is produced.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 24 April (WA 304) concerning the funding of the Northern Ireland Bill of Rights Forum, why the budget of the division which sponsored the forum increased by over 100 per cent between 2002–03 and 2003–04. [HL3278]

The sponsoring division for the Bill of Rights Forum has responsibility for a wide range of policy areas. Its budget was increased to reflect the changing resource requirements for work within its remit during that period.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 19 March (WA 30), whether they are obliged to accept any or all advice offered to them by the Northern Ireland Human Rights Commission. [HL2717]

There is no statutory obligation on the Government to accept advice offered by the Northern Ireland Human Rights Commission. However, the Government will, of course, give such advice careful consideration.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 22 April (WA 285–6) concerning the murders of Ulster Defence Regiment and Royal Irish Regiment members, whether all the murder inquiries are still in progress. [HL3233]

The Historical Enquiries Team within the police service is systematically re-examining all deaths, including those of UDR and RIR members, attributable to the security situation in Northern Ireland. Work has been completed in 15 of the 203 cases referred to in my Answer of 22 April (Official Report, cols. WA 285-6).

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 24 April (WA 317), how the annual costs of the Northern Ireland Youth Justice Agency since its creation are broken down. [HL3315]

The information is provided in the following table.

1 Figures are provisional as they are subject to audit. Overall provisional out-turn figure of £21,828,000 supersedes the previously quoted forecast figure of £22,214,000.

2 Amounts stated exclude the impact of a change in accounting for NILGOSC Pension Liabilities under FRS17.

The table above sets out an analysis of the costs of the Youth Justice Agency since its creation. The following notes should be read in conjunction with the table.

(a) The annual increase in staff costs since the inception of the agency is due to the growth in services provided, in particular the role out of the Youth Conference Service and the expansion of Community Services coverage across Northern Ireland.

(b) Staff costs from 2005-06 onward include an additional £500,000 (approx) of pension costs in each year as a result of a change to the accounting treatment of the NILGOSC pension scheme under FRS17.

(c) The provisional staff cost figure for 2007-08 includes a further one-off provision for £1 million of pension costs payable to the NILGOSC scheme arising from certain allowances being included within the pensionable pay of some agency staff.

(d) Depreciation costs in 2006-07 include the write-off of the remaining net book value of the old Rathgael Juvenile Justice Centre building in that year upon the closure of that site.

(e) Total operating costs in 2006-07 include an impairment of £1.3 million reflecting the difference between the capitalised cost of building the new Woodlands Juvenile Justice Centre and the valuation by Land and Property Services (LPS) at 31 March 2007. This impairment is partially reversed in the provisional 2007-08 figures following an upward revaluation of the new centre by LPS at 31 March 2008.

asked Her Majesty's Government:

Where the penalties levied by the Office of Fair Trading for colluding on the price of milk for cheese will go; what they will be used for; and whether they will be ring-fenced for agricultural purposes additional to existing Department for Environment, Food and Rural Affairs budgets. [HL3407]

The Government are committed to a strong competition regime and recognise the importance of competitive markets for driving growth, innovation and better value for consumers.

Fines, such as those levied by the OFT, are paid into the Consolidated Fund and are then allocated according to government spending priorities as part of the spending review process. The fines are therefore spent on providing services to the public. The Treasury's Comprehensive Spending Review and Pre-Budget Report (published in October 2007), available in the Library of the House and at www.hm-treasury.gov.uk/pbr _csr/pbr_csr07_index.cfm, provides details of how departments' budgets have been set for the next three years. The fines levied by the OFT are intended to be a punitive measure to deter anti-competitive behaviour and are not designed as a means of compensation. However, in general where consumers or businesses have suffered as a result of anti-competitive behaviour, they can seek redress for their losses through private action. The Government recognise that, in some instances, there may be barriers to redress and will be consulting shortly on measures to address this.

asked Her Majesty's Government:

Whether file numbered 1211076548K reported to be held by HM Revenue and Customs is to be preserved; and [HL3323]

Whether file numbered 1211076548K reported to be held by HM Revenue and Customs can be made available to the taxpayers concerned. [HL3324]

HM Revenue and Customs (HMRC) does not comment on matters relating to individual taxpayers.

Any request from an individual for their personal data would be dealt with in accordance with their rights under Section 7 of the Data Protection Act 1998.

asked Her Majesty's Government:

What action they will take to enforce the law in regard to unauthorised commercial advertisements abutting motorways, in the light of research on the risk of distraction of drivers. [HL3451]

Reports of new unauthorised advertisements beside motorways are sent by the Highways Agency to local planning authorities, which have the responsibility for enforcement against unlawful outdoor advertisements. The Government have, however, provided local planning authorities with a database which, since March 2007, enables them to share information on prosecutions and convictions for unauthorised advertisements and fly-posting.

asked Her Majesty's Government:

Under what circumstances a stricken vessel in French or Irish waters would be directed into a United Kingdom port; and [HL3449]

Under what circumstances a stricken vessel in United Kingdom waters would be directed to a French or an Irish port. [HL3450]

When a ship is in need of assistance and there is the potential that a deterioration in its condition could result in pollution affecting the seas and coasts of two neighbouring states, then it is good practice for the authorities of both states to co-operate with one another in addressing the situation. The formal basis for this in respect of the UK and France is the Anglo-French Joint Maritime Contingency Plan (Mancheplan). In addition the UK, France and Ireland are contracting parties to the Bonn agreement. This agreement provides bilateral and multilateral co-operation with regards to pollution at sea.

In practice, the Secretary of State's representative for maritime salvage and intervention and the equivalent official or authority in the neighbouring state would work together to assess the condition of the ship and identify the most suitable place of refuge in the specific circumstances. In so doing, they would take account of all relevant factors, including the weather, the location of the ship, the type of threat posed by the ship and its cargo, the distance to potential places of refuge and factors specific to those potential places of refuge (such as available depth of water, alignment to the prevailing wind, proximity to populated areas). The choice of the most suitable place of refuge would be taken on these objective grounds, irrespective of which of the neighbouring countries in which the place of refuge was located.

asked Her Majesty's Government:

Which department takes the lead in dealing with outbreaks of oak processionary moth. [HL3404]

The Forestry Commission is the lead department responsible for the protection of trees against oak processionary moth. In June 2007 it formed an outbreak management team comprising officials from Defra, Ealing and Richmond upon Thames Borough Councils, the Royal Botanic Gardens, Kew, and the Health Protection Agency, London. An action plan was agreed and implemented with immediate effect.