John Swift QC
Encyclopedia
John Swift QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 is an English barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

 and a leading authority on competition law
Competition law
Competition law, known in the United States as antitrust law, is law that promotes or maintains market competition by regulating anti-competitive conduct by companies....

.

Rail regulation

From December 1, 1993 until November 30, 1998, Swift was Rail Regulator
Rail Regulator
The Rail Regulator was a statutory office, created with effect from 1 December 1993 by section 1 of the Railways Act 1993, for the independent economic regulation of the British railway industry....

 and International Rail Regulator
International Rail Regulator
International Rail Regulator was a statutory post in the United Kingdom created by the Railways Regulations 1998, concerned with access to the British track and signalling network by international railway traffic....

, having been appointed to those posts by Conservative politician and Secretary of State for Transport John MacGregor.

In that time, the structure of the British railway industry was radically altered in preparation for privatisation, using powers under the Railways Act 1993
Railways Act 1993
The Railways Act 1993 was introduced by John Major's Conservative government and passed on 5 November 1993. It provided for the restructuring of the British Railways Board , the public corporation that owned and operated the national railway system...

. The industry was privatised in the period 1995-1997.

The most controversial part of the privatisation was the June 1996 flotation on the London stock exchange of Railtrack
Railtrack
Railtrack was a group of companies that owned the track, signalling, tunnels, bridges, level crossings and all but a handful of the stations of the British railway system from its formation in April 1994 until 2002...

, the owner and operator of the national railway infrastructure network. Railtrack
Railtrack
Railtrack was a group of companies that owned the track, signalling, tunnels, bridges, level crossings and all but a handful of the stations of the British railway system from its formation in April 1994 until 2002...

 was severely criticised for its poor stewardship of the national railway network, and some observers also criticised Swift for what some saw as an excessively light touch in regulating a company which was malfunctioning in many ways. A year after the Hatfield rail crash
Hatfield rail crash
The Hatfield rail crash was a railway accident on 17 October 2000, at Hatfield, Hertfordshire, UK. Although the accident killed fewer than other accidents, Hatfield exposed the major stewardship shortcomings of the privatised national railway infrastructure company Railtrack and the failings of...

 on October 17, 2000, caused by a broken rail, Railtrack
Railtrack
Railtrack was a group of companies that owned the track, signalling, tunnels, bridges, level crossings and all but a handful of the stations of the British railway system from its formation in April 1994 until 2002...

 collapsed in highly controversial circumstances which led, eventually, to the resignation as Transport Secretary of Stephen Byers
Stephen Byers
Stephen John Byers is a British Labour Party politician who was the Member of Parliament for North Tyneside from 1997 to 2010; in the previous parliament, from 1992, he represented Wallsend...

, Prescott's successor.

Swift's role and behaviour were critical to the successful privatisation of Railtrack
Railtrack
Railtrack was a group of companies that owned the track, signalling, tunnels, bridges, level crossings and all but a handful of the stations of the British railway system from its formation in April 1994 until 2002...

 and the rest of the industry. If he had been hostile to the process, it would not have been completed.

Upon the change of British government on May 2, 1997, Swift's chances of being reappointed as Rail Regulator
Rail Regulator
The Rail Regulator was a statutory office, created with effect from 1 December 1993 by section 1 of the Railways Act 1993, for the independent economic regulation of the British railway industry....

 diminished, and when Deputy Prime Minister
Deputy Prime Minister
A deputy prime minister or vice prime minister is, in some counties, a government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to that of a vice president, but is significantly different, though both...

 John Prescott
John Prescott
John Leslie Prescott, Baron Prescott is a British politician who was Deputy Prime Minister of the United Kingdom from 1997 to 2007. Born in Prestatyn, Wales, he represented Hull East as the Labour Member of Parliament from 1970 to 2010...

 MP announced at the September 1998 Labour Party conference that he intended to carry out a 'spring clean of the regulators', Swift knew his days were numbered. He was succeeded as Rail Regulator by Chris Bolt
Chris Bolt
Christopher Bolt Born Oct 16 1982 in Monrovia CA. Interests are bmx,fmx, welding - Railways :In 1994, Bolt moved to the Office of the Rail Regulator to take up appointment as chief economist...

 (December 1998 - July 1999) and then by Tom Winsor
Tom Winsor
Tom Winsor is a British lawyer and economic regulatory professional who was, from 5 July 1999 until 4 July 2004, the Rail Regulator and International Rail Regulator for Great Britain. He is a partner in international law firm White & Case LLP...

 (July 1999 - July 2004).

Return to the English bar

Swift returned to private practice at the Bar, and became head of Monckton Chambers, a leading set of competition law chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...

.
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