I refer the member to the answer to question S5W-33792 on 18 December 2020. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

At the moment we know the virus has an incubation period of up to 14 days and the quarantining of travellers remains the safest way to reduce the risk of imported cases and transmission of the virus in Scotland.

However, we are currently considering whether there are alternatives to quarantine for international travellers arriving in Scotland, such as testing. As part of that process, we are considering the level of accuracy which may be required to allow testing to be used to reduce quarantine requirements.

The Scottish Government continues to take action to protect tenants from unlawful evictions. The private residential tenancy, introduced in December 2017, provides additional security of tenure and protections for tenants including in relation to wrongful terminations. At the start of a new tenancy, landlords’ must provide their tenant with prescribed information to ensure tenants are informed of their rights. Information makes clear that where a landlord does not follow the correct legal process or threatens to physically remove a tenant from their property or changes the locks that this is an unlawful eviction and a tenant should report the matter to Police Scotland.

To support tenants and ensure they are aware of their rights particularly during the pandemic, the Scottish Government has carried out two social media campaigns in April 2020 and during July and August 2020. A third campaign is underway and launched on 8 December 2020. It includes up to date information on the protections in place for tenants, including in relation to unlawful evictions, and signposts tenants to Citizens Advice Scotland for information and support.

The Scottish Government has also published, in collaboration with Public Health Scotland, Citizens Advice Scotland and Shelter Scotland, a comprehensive guide to support and advice for those living in the private rented sector during the COVID-19 pandemic, which specifically included information on illegal evictions. This resource is available on the Scottish Government’s website at: Coronavirus (COVID-19): advice for private tenants - gov.scot (www.gov.scot)

In August 2020 I wrote to all tenants in Scotland highlighting the extra protections in place to prevent evictions during the pandemic and where tenants could access help and support. As well as my letter, all private tenants were sent a shortened printed copy of the tenants resource, ensuring maximum reach and sign-posting to the full online version.

In addition, the Scottish Government has been working with the Private Rented Sector Resilience Group which has engaged with Police Scotland about the need for officers to be aware of illegal evictions law and to discuss any identified issues as and when they arise to ensure tenants’ rights are recognised and fully enforced.

The Scottish Government take the issue of unlawful evictions seriously .

The awarding of damages to victims of unlawful evictions, as set out in section 37 of the Housing (Scotland), is one of the sanctions available and provides a route for victims to be directly compensated. The level of award is a matter for the First Tier Tribunal (FTT) – Housing and Property Chamber to consider and the exact amount will depend on the individual circumstances of the case.

Any landlord carrying out an unlawful eviction is committing a criminal offence. As such a prosecution may follow which could result in a fine, a custodial sentence or both, along with a criminal conviction. Taken together with the ability of the First Tier Tribunal (FTT) – Housing and Property Chamber to consider to award damages we consider this to be a significant deterrent.

Prosecutions are rare but anyone who wants to let property in Scotland must be registered and deemed ‘fit and proper’ by the local authority via Landlord Registration. Evidence that a potential landlord has acted in an unlawful fashion would certainly bring the ‘fit and proper’ status into question and a review of the registration would follow. To have a landlord registration revoked or refused means the person cannot let property in Scotland, adding a further deterrent for landlords.

The provision of guidance to prosecutors, if so advised, is a matter for the Lord Advocate as head of the system for the prosecution of crime, a function which he exercises independently of any other person. The Crown Office and Procurator Fiscal Service, for which the Lord Advocate is Ministerially responsible, receives reports about alleged unlawful evictions from Police Scotland and from local authorities acting in their capacity as Specialist Reporting Agencies. The decision as to whether or not a prosecution should be initiated in relation to any particular case falls to be taken by professional public prosecutors. Each case is considered on the basis of its own facts and circumstances, applying the tests set out in the published Scottish Prosecution Code. The Scottish Prosecution Code is supplemented by internal guidance to prosecutors in respect of specific offences. The internal guidance regarding alleged unlawful evictions in contravention of Section 22 of the Rent (Scotland) Act 1984 has been provided to prosecutors has recently been reviewed and updated. This guidance is confidential and is not published.

The Scottish Government fully recognise the importance of being physically active during COVID, both for physical and mental health. Group exercise is clearly part of this and we appreciate the social interaction which such classes provide. However, our priority is to ensure people can take part in group classes when it is safe to do so.

Decisions on what sectors and activities to re-open on our route out of lockdown are guided by the principles set out in our Framework for Decision Making. Proposals are technically assessed using the best available evidence and analysis of their potential benefits and harms to health, the economy, and broader society to minimise overall harm and ensure transmission of the virus continues to be suppressed. This assessment process includes oversight of the assessed health risks in different settings by the Chief Medical Officer and input from the other Chief Clinicians as appropriate.

Decisions on what sectors and activities to re-open on our route out of lockdown are guided by the principles set out in our Framework for Decision Making. Proposals are technically assessed using the best available evidence and analysis of their potential benefits and harms to health, the economy, and broader society to minimise overall harm and ensure transmission of the virus continues to be suppressed. This assessment process includes oversight of the assessed health risks in different settings by the Chief Medical Officer and input from the other Chief Clinicians as appropriate.

Indoor fitness classes for over 18s are permitted if the area is in levels 0, 1 and 2 of our strategic framework. Outdoor exercise classes are permitted in levels 0, 1, 2,3 and 4 of the framework. You can find out more information on COVID protection level for each local area and get information on what you can and cannot do at each level here: https://www.gov.scot/publications/coronavirus-covid-19-protection-levels/ .

The test and protect content management system only records events/venues that the case tells the person conducting the interview they have been to. Attending a particular event/venue does not mean that an individual case acquired their infection in that setting. This is because the test and protect system is designed to identify contacts rather than to identify the source of transmission.

The data held currently contains information on those who under events/venues report “attending childcare, school, educational establishment” and other venues/settings. However, this does not mean that is where they acquired their infection.