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I am meeting the Lord Advocate to discuss this issue on 4 September 2008.

Our aim is to find a solution which allows inquiries into the deaths of Scottish-based service personnel who are killed abroad to be held in Scotland.

At present, for operational reasons, bodies are returned to RAF airfields in the south of England by the Ministry of Defence. They then automatically become subject to the system of coroners'' inquests in England. Coroners'' inquests into the deaths of Scottish-based personnel killed abroad cannot currently take place in Scotland, and fatal accident inquiries can only investigate deaths occurring in Scotland.

These are difficult legal and policy issues. The Lord Advocate and I will work constructively with the UK Government to resolve them. All of us must remember that the objective is to reduce the stress and anguish for bereaved families in Scotland.

Because of the defence reservation in the Scotland Act, changes in the law would be required on both sides of the border.

Police forces have their own operating procedures in respect of policing issues when dealing with mental health issues, which give guidance to all officers. These cover all relevant legislation. In addition, training on mental health issues is currently provided to police officers both in-force and nationally. The Association of Chief Police Officers in Scotland (ACPOS) will shortly publish detailed guidance for officers on a number of diversity issues, including the use of powers contained in the Mental Health (Care and Treatment) (Scotland) Act 2003 to remove a person to a place of safety.

A Mental Health Act Review Group was set up by Shona Robison, the Minister for Public Health, in January this year. Members of the group are undertaking a limited review of the Mental Health (Care and Treatment) (Scotland) Act 2003, which will include engaging with those who operate the act and report back to the Minister for Public Health with recommended changes.

Section 61 of the Custodial Sentences and Weapons (Scotland) Act 2007 enables the Scottish ministers to prohibit the manufacture, sale, hire, etc. of swords, and to provide defences for religious, cultural and sporting purposes. No such prohibitions or defences are yet in place. The policy memorandum for the bill made it clear that use relating to historical re-enactment will be recognised as one of the defences. It is not relevant to these provisions whether historical re-enactment is a form of theatre.

However, section 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 does refer to theatre, and will provide a new defence in section 141 of the Criminal Justice Act 1988 relating to the manufacture, sale, hire, etc. of offensive weapons for the purposes of theatrical performances. Those defences will apply to all offences weapons covered by section 141.

The Custodial Sentences and Weapons (Scotland) Act 2007 does not change the law on the carrying of swords or other weapons in public. It is an offence under section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 to have any article which has a blade or is sharply pointed in a public place without good reason or lawful authority. Any individual instance will be a matter for the police, and ultimately the courts, but having a sword for the purpose of historical re-enactment would generally appear to be a good reason. Under section 47 of the same act it is an offence to carry an offensive weapon, which might for example be an axe or pike. Section 47 also includes a defence of “reasonable excuse” which has generally been seen to include historical re-enactment.

Section 61 of the Custodial Sentences and Weapons (Scotland) Act 2007 inserts new section 141ZA into the Criminal Justice Act 1988. It is not yet in force and no orders have been made.

Section 141 of the Criminal Justice Act 1988 deals with the manufacture, sale, hire, lending and giving of specified offensive weapons. It covers possession only where possession is for the purposes of sale or hire. Section 141 already provides limited defences relating to museums and galleries, and lending by such institutions for cultural, artistic or educational purposes.

Section 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 contains amendments to section 141 including new subsections (11A) to (11E) which will provide defences relating to theatre, film and television. It also provides a power in new subsection (11G) for the Scottish ministers to vary the application of section 141 in relation to any description of weapon. That power could be used, if desired, to provide further defences on cultural, sporting or other grounds.

The weapons to which section 141 of the 1998 act applies are set out in the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 and include knuckledusters, swordsticks and butterfly knives. That Order excludes antique weapons.

Section 47 of the Criminal Law (Consolidation)(Scotland) Act 1995 places prohibitions on the carrying of offensive weapons but allows the defence of having lawful authority or good reason.

The existing route between Kincardine and Dunfermline via Charleston Junction does not meet current standards to operate a regular passenger rail service.

The answer requires interpretation of legislation which ultimately is a matter for the courts. However, the drafting intention was for the commercial or public areas of premises which are used for both domestic and non-domestic purposes to fall within the scope of “relevant premises” under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. Private areas are regarded as domestic premises and are therefore largely exempt.

It is not possible to determine what impact a direct rail link between western Fife and Stirling would have on educational opportunities.

Our rail policy document, Scotland’s Railways, sets out Scottish ministers aspirations for the rail network in Scotland. This focuses on achieving three key strategic outcomes of improving journey times and connections, reducing emissions and improving quality, accessibility and affordability.

No relevant data was gathered during the examination of replacement crossing options.

However, the Forth Replacement Crossing Study recognised that investments in the rail network can contribute to reducing road congestion and harmful emissions.

Rail services in this area will be examined as part of the Strategic Transport Projects Review (STPR) which is expected to report to ministers in the summer.