John Swift QC
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John Swift QC is an English
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
and a leading authority on
competition law Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
. Born on 11 July 1940, he was called to the English bar in 1965 and took silk (became a Queen's Counsel) in 1981. He became a Bencher of the Inner Temple in 1992.


Rail regulation

From 1 December 1993 until 30 November 1998, Swift was
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. The office was abolished from 4 July 2004, using ...
and
International 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. The office was abolished from 4 July 2004, using ...
, 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 The Railways Act 1993c 43 was introduced by John Major's Conservative Party (UK), Conservative government and passed on 5 November 1993. It provided for the restructuring of the British Railways Board (BRB), the public corporation that owned and ...
. 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 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 1994 until 2002. It was created as part of the privatisation of ...
, the owner and operator of the national railway infrastructure network.
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 1994 until 2002. It was created as part of the privatisation of ...
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 The Hatfield rail crash was a railway accident on 17 October 2000, at Hatfield, Hertfordshire. It was caused by a metal fatigue-induced derailment, killing four people and injuring more than 70. The accident exposed major stewardship shortcomi ...
on 17 October 2000, caused by a broken rail,
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 1994 until 2002. It was created as part of the privatisation of ...
collapsed in highly controversial circumstances which led, eventually, to the resignation as Transport Secretary of
Stephen Byers Stephen John Byers (born 13 April 1953) is a British Labour Party politician who was the Member of Parliament (MP) for Wallsend between 1992 and 1997, and North Tyneside from 1997 to 2010. He served in the Cabinet from 1998 to 2002, and was ...
, Prescott's successor. Swift's role and behaviour were critical to the successful privatisation of
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 1994 until 2002. It was created as part of the privatisation of ...
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 2 May 1997, Swift's chances of being reappointed as
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. The office was abolished from 4 July 2004, using ...
diminished, and when
Deputy Prime Minister A deputy prime minister or vice prime minister is, in some countries, 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, ...
John Prescott John Leslie Prescott, Baron Prescott (born 31 May 1938) is a British politician who served as Deputy Prime Minister of the United Kingdom from 1997 to 2007 and as First Secretary of State from 2001 to 2007. A member of the Labour Party, he w ...
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 Christopher Bolt Order of the Bath, CB is a British economist and, formerly non-executive chairman of the Office of Rail Regulation, the national economic and safety regulatory authority for Britain's railways, and (separately) the arbiter for th ...
(December 1998 – July 1999) and then by
Tom Winsor Sir Thomas Philip Winsor (born 7 December 1957) is a British arbitrator and mediator, lawyer, consultant and economic regulatory professional. Between 1 October 2012 and 31 March 2022, he served as Her Majesty's Chief Inspector of Constabular ...
(July 1999 – July 2004). Swift received no national honour or recognition for his public service as Rail Regulator, a slight which some observers deprecated as unnecessary and inappropriate, given his long and distinguished service to competition law and industry reorganisation and privatisation.


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 may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama * Chambers, Arizona, an unincorporated community in Apache County * Chambers, Nebraska * Chambers, West Virginia * Chambers Township, Hol ...
, until July 2001. He was in full-time practice as a member of Monckton Chambers from 1967 to 1992 and from January 1999 until July 2013. In 2009, Swift became a panel member of the Co-operation and Competition Panel established by the Department of Health to administer the principles and rules for co-operation and competition for NHS funded services. In April 2014, Ofgem announced Swift's appointment as the chairman of its new Enforcement Decision Panel. In its press release at the time, Ofgem said: "The Enforcement Decision Panel will bring a wealth of experience to the table and help Ofgem as we continue in our role to protect current and future consumers". In the same month, Monitor, the health service regulator, following the dissolution of the Co-operation and Competition Panel, of which Swift had been a member since 2009, continued his appointment in a new role as an expert adviser of the Board of Monitor and to its Co-operation and Competition Executive.


Notes

{{DEFAULTSORT:Swift, John English barristers Living people 1940 births