This afternoon, Scotland’s First Minister made an extraordinary legal claim at FMQs (First Minister’s Question Time) in the Scottish Parliament. He insisted that his Deputy First Minister, Nicola Sturgeon MSP, had been obliged to back a serial convicted fraduster because she owed a ‘duty of care’ to her constituent. If that were so, the legal ramifications would be far reaching.

Consider this. Any criminal constituent, no matter how nasty or dangerous to the public, would have a legal right to insist that his or her MSP provided them with a letter of support to avoid a custodial sentence. Any constituent would be entitled to insist, on any civil or criminal matter, that their MSP backed them, regardless of how unreasonable or unjustified their cause.

And get this. Because there was an absolute or strict ‘duty of care’ if the MSP failed to provide his or her support, the constituent would be entitled in principle to sue their politician for damages for breaching that duty. Before we all start wondering if Alex Salmond MSP has identified an unknown sub-branch of Scots delictual law, it might be helpful to remind ourselves of some basic principles.

There is no general delictual duty which arises at Scots common law, or from any Parliamenary Code of Conduct, on our politicians. It’s absurd to suggest that the law of delict applies to MSPs as a matter of course or in such absolute terms as the First Minister has suggested. From Donoghue v. Stevenson 1932 AC 562, 1932 SC (HL) 31, 1932 SLT 317 to Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65, it is clear that a duty of care can only arise in very limited circumstances, and when it does, it is a ‘reasonable duty’ that arises.

To suggest that it was compulsory and routine for a politician to support someone who had previously served a four year custodial sentence for serious fraud, and was now convicted of second serious fraud over a five year period, was a falsehood. No reasonable MSP would or should have advocated for a serious repeat offender in the public interest.

The only ‘duty’ which our politicians must adhere to is upholding the rule of law, and safeguarding the rights of decent, hardworking and law abiding citizens. We all make mistakes. And from the available evidence it would that appear that Nicola Sturgeon has made a serious error of judgment. The solution is obvious. Apologise for your mistake, and withdraw your letter from Glasgow Sheriff Court. Scotland deserves no less.

Mike