Tom Winsor
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Sir Thomas Philip Winsor (born 7 December 1957) is a British arbitrator and mediator,
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...
, consultant and economic regulatory professional. Between 1 October 2012 and 31 March 2022, he served as Her Majesty's Chief Inspector of Constabulary. Between 5 July 1999 and 4 July 2004, he served as the
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 for Great Britain from July 1999 to July 2004. He oversaw the collapse 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 infrastructure manager for the British rail network and the creation and refinancing of the successor network infrastructure manager, Network Rail. Born in
Broughty Ferry Broughty Ferry (; Scottish Gaelic: ''Bruach Tatha''; Scots: ''Brochtie'') is a suburb of Dundee, Scotland. It is situated four miles east of the city centre on the north bank of the Firth of Tay. The area was a separate burgh from 1864 until 191 ...
,
Dundee Dundee (; sco, Dundee; gd, Dùn Dè or ) is Scotland's fourth-largest city and the 51st-most-populous built-up area in the United Kingdom. The mid-year population estimate for 2016 was , giving Dundee a population density of 2,478/km2 or ...
, Winsor practised law in various capacities from 1979 to 1999 and between 2004 and 2012. He maintains his licence to practise law. In October 2010, UK Home Secretary
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
MP appointed him to carry out a controversial, wide-ranging review of the remuneration and conditions of service of police officers and staff in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, the first for over 30 years. Following the final publication of the review in March 2012, the Home Secretary nominated him to serve as Her Majesty's Chief Inspector of Constabulary in June 2012, the first to be appointed from outside the police service. Following confirmation hearings, he began his role in October 2012. He left office on 31 March 2022, on the expiry of his last term of office. In July 2017, he was additionally appointed as the first Her Majesty's Chief Inspector of Fire & Rescue Services, overseeing an expanded Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services. His policing and fire appointments ran together, and expired on the same day. From 4 April 2022, he established himself as an arbitrator and mediator, both domestic (UK) and international. He is a member of the London-based Chartered Institute of Arbitrators. In the 2015 New Years Honours List, it was announced Winsor was to be
knighted A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the G ...
; he received his knighthood from HM The Queen on 19 March 2015, at Buckingham Palace.


Early life

Winsor was born on 7 December 1957 in
Broughty Ferry Broughty Ferry (; Scottish Gaelic: ''Bruach Tatha''; Scots: ''Brochtie'') is a suburb of Dundee, Scotland. It is situated four miles east of the city centre on the north bank of the Firth of Tay. The area was a separate burgh from 1864 until 191 ...
,
Dundee Dundee (; sco, Dundee; gd, Dùn Dè or ) is Scotland's fourth-largest city and the 51st-most-populous built-up area in the United Kingdom. The mid-year population estimate for 2016 was , giving Dundee a population density of 2,478/km2 or ...
to Thomas V M Winsor and Phyllis Bonsor. He was educated at
Grove Academy Grove Academy is an 11–18 mixed secondary school in Broughty Ferry, Dundee, Scotland. History Grove Academy was established in 1889. In 2007, construction began on completely new buildings on the site of the Extension Buildings and huts. T ...
state comprehensive school in Broughty Ferry. In 1976, he went to the
University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 1 ...
to study law. After graduation in 1979, he served his two-year Scots legal apprenticeship with Dundee law firm Thorntons & Dickies. He practised for a year after that doing mainly litigation in Dundee Sheriff Court. In 1982 he enrolled as a postgraduate student at the Centre for Petroleum and Mineral Law Studies of the
University of Dundee , mottoeng = "My soul doth magnify the Lord" , established = 1967 – gained independent university status by Royal Charter1897 – Constituent college of the University of St Andrews1881 – University College , ...
under Professor T C Daintith. He received a Diploma in Petroleum Law in 1983. He became a Writer to the Signet (WS) in 1984. The leading Edinburgh law firm
Dundas & Wilson Dundas & Wilson LLP was a commercial UK law firm with offices in Edinburgh, Glasgow, London and Aberdeen. In May 2014 Dundas and Wilson merged with CMS Cameron McKenna. In 2012 the firm was ranked in the Top 30 Firms in Europe for Innovation ...
employed him as a solicitor from 1983 until 1984. He then moved to London and joined City law firm Norton Rose, specialising in energy law and project finance. In 1991 he left Norton Rose to become a partner in City law firm Denton Hall. He worked on the design and implementation of the regulatory regime for the privatisation of the electricity industry in Northern Ireland. After the flotation of
Northern Ireland Electricity Northern Ireland Electricity Networks Limited (NIE Networks) is the electricity asset owner of the transmission and distribution infrastructure in Northern Ireland, established in 1993 when the business was privatised. NIE Networks does not gene ...
on the London stock exchange in 1993, Winsor was seconded to the
Government Legal Service The Government Legal Profession (GLP), formerly the Government Legal Service,general counsel A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department. In a company, the person holding the position typically reports directly to the CEO, and their ...
to the first
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 ...
,
John Swift QC John Swift QC is an English barrister and a leading authority on competition law. 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 199 ...
. The Rail Regulator was the statutory officer established by the
Railways Act 1993 The Railways Act 1993c 43 was introduced by John Major's 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 operated the national ra ...
for the economic regulation of the British railway industry, which was about to be privatised. Winsor's secondment lasted two years and he returned to Denton Hall in August 1995.


Rail Regulator 1999–2004


Appointment

In July 1999,
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, Secretary of State for the Environment, Transport and the Regions and Deputy Prime Minister, appointed Winsor as Chris Bolt's successor as Rail Regulator and International Rail Regulator. On his appointment after the British general election in 1997, Prescott had declared he was going to take a far tougher line with the privatised railway industry. Prescott had been fiercely opposed to the privatisation in 1996 and was one of the 'old Labour' stalwarts who wanted to renationalise the industry outright. Despite having said in opposition that its policy was a 'publicly owned, publicly accountable railway', New Labour would not promise renationalisation, even if it could have afforded it. In its manifesto for the 1997 election, it had committed itself to a policy of increased accountability of the privatised companies to the public interest through tougher and more effective regulation. This was seen as an imaginative policy. If it was properly implemented, it could achieve virtually all the government's objectives for a better performing, more efficient railway without the expense or controversy of renationalising the assets. At the
Labour Party conference The Labour Party Conference is the annual conference of the British Labour Party. It is formally the supreme decision-making body of the party and is traditionally held in the final week of September, during the party conference season when th ...
in September 1998, Prescott declared that he was going to carry out a 'spring clean of the regulators'. Many commentators realised this meant the appointment of a tougher, more interventionist replacement for Swift.


New regulatory approach

Winsor's five-year term as Rail Regulator began on 5 July 1999. He immediately announced a new regulatory agenda, one which contemplated holding the privatised railway companies much more closely to account. It also involved radical changes to the regulatory and contractual matrix for the privatised industry. It replaced enforcement regulation with incentives, and changed the financial, contractual and licensing environment in which the industry operated. Winsor's ability to pursue his new regulatory agenda was significantly hampered by problems with
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 ...
coming to a head very shortly after he took office. One of Winsor's principal motivations in applying for the post of Rail Regulator had been his frustration with — some critics elevated it to a visceral hatred of — Railtrack's incompetence and how it impeded so much progress in the privatised railway. He was also reported as being increasingly exasperated with the failure of his predecessor to hold Railtrack properly to account, and to use the powers of the office to apply pressure on the company and to reform—increase—the powers of the Rail Regulator to make regulatory and contractual accountabilities more effective. Winsor was severely critical of what he found when he took over the office of the Rail Regulator. He described it as a dysfunctional organisation, which was inward-looking and barely able to do the job it had been given by Parliament. He said changing this quickly was all the more important because the ability of the train operators—Railtrack's direct customers—to apply pressure and secure fair terms and reasonable performance from the infrastructure operator was weak. This was because their contracts were weak, with a poor specification of what they got for their money and uncertain and ineffective remedies when things went wrong. His reform agenda had three major planks: # changing the financial framework in which the infrastructure manager operated through the periodic review of its revenue requirements, changing the structure of access charges so as to introduce a higher degree of incentives; this led to his deciding (in October 2000) to increase Railtrack's income from £10 billion to £15 billion for the five-year control period 2001–2006. # reforming Railtrack's network licence—its principal instrument of accountability to the public interest—by the introduction of nine new conditions covering matters such as its disposal of land, dealings with dependent users, the establishment of a reliable, comprehensive register of the capacity, condition and capability of its assets, its means of accounting and its stewardship of its assets (including the setting up of a system of regulatory reporters to assess the company's progress and competences in areas of network operation specified by the regulator). # completely rewriting the contracts at the track-train interface, replacing a contractual structure which set the infrastructure manager against its customers with a true, co-operative joint venture of mutual interest, recognising the intensity of the interdependence of the two parties; this was achieved by the establishment of a new model track access contract and major reforms to the industry-wide network code. The reform to the financial structure was announced on 23 October 2000, only a few days 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 shortco ...
. The aftermath of Hatfield—what it revealed about the state of Railtrack's asset knowledge—led to the carrying out of a further financial review in 2002–2003. The conclusions were announced on 12 December 2003 and gave
Network Rail Network Rail Limited is the owner (via its subsidiary Network Rail Infrastructure Limited, which was known as Railtrack plc before 2002) and infrastructure manager of most of the railway network in Great Britain. Network Rail is an "arm's len ...
(Railtrack's successor) an additional £7.4 billion.


Problems with Railtrack

Winsor's focus was on Railtrack, which he regarded as performing most unsatisfactorily. He criticised it for 'policies of neglect of its assets and hostility to its customers'. In his first month in office he took enforcement action against it in relation to its performance. He threatened a maximum financial penalty of £42 million if it failed to improve its performance towards passenger train operators by 12.7% in the operating year 1999–2000. The penalty would be £4 million for each percentage point it missed. Railtrack eventually missed this target by 2.7% and was fined £7.9 million in December 2001. Railtrack criticised the penalty as 'the largest fine in corporate history' which it was not. But it did represent a significant hardening of regulatory approach to the one which the company had enjoyed under the previous regulator. Winsor's relationship with Railtrack was stormy. He saw it as his duty to hold the company more closely and vigorously to account. He criticised its many failures, including its poor knowledge of the condition, capacity and capability of its assets, rising numbers of broken rails and deteriorating track quality measures, its bad relationship with its train operator customers, its performance shortcomings, poor contracting and procurement strategies and the soaring costs of its projects (especially the renewal and upgrade of the West Coast main line). Instead of getting involved in eye-catching new projects such as taking over the
London Underground The London Underground (also known simply as the Underground or by its nickname the Tube) is a rapid transit system serving Greater London and some parts of the adjacent counties of Buckinghamshire, Essex and Hertfordshire in England. The ...
and
High Speed 1 High Speed 1 (HS1), legally the Channel Tunnel Rail Link (CTRL), is a high-speed railway linking London with the Channel Tunnel. It is part of a line carrying international passenger traffic between the United Kingdom and mainland Europe ...
, Winsor believed Railtrack should concentrate on the core job of operating, maintaining and renewing the national network. Gerald Corbett, Railtrack's chief executive, led the management team which resisted this new regulatory pressure. On 3 April 2000, under the headline 'Railtrack Declares War on Regulator',
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers '' The Observer'' and '' The Guardian Weekly'', ''The Guardian'' is part of the ...
newspaper reported that 'Railtrack is adopting a "culture of defiance" against the rail regulator.' Winsor was reported as describing this stance as an 'attitude which beggars belief'. However, the relationship between the two men was courteous and professional, even though Winsor was a severe critic of the philosophy and approach underlying Corbett's leadership of Railtrack.


Hatfield and its aftermath

Further enforcement action came in 2000 over Railtrack's inadequate work on the renewal and upgrade of the West Coast main line. But the
watershed Watershed is a hydrological term, which has been adopted in other fields in a more or less figurative sense. It may refer to: Hydrology * Drainage divide, the line that separates neighbouring drainage basins * Drainage basin, called a "watershe ...
for the company— and the British railway industry—was on 17 October 2000 when a broken rail caused a
high-speed train High-speed rail (HSR) is a type of rail system that runs significantly faster than traditional rail, using an integrated system of specialised rolling stock and dedicated tracks. While there is no single standard that applies worldwide, lines ...
, travelling at , to derail at Hatfield, north of London, killing four passengers and injuring over 70 more. Corbett immediately offered his resignation, but the company's senior management tried to rally support for him amongst senior figures in the railway industry to persuade him not to go. Prescott and Winsor withheld their support, although they did not do it publicly. Corbett's resignation was not accepted by Railtrack's board, but a month later when he offered his resignation a second time, it went through. Steve Marshall, the company's finance director, succeeded Corbett. Because Railtrack's
asset In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that c ...
knowledge was so poor, it did not know with sufficient certainty where else on its network the type of metal
fatigue Fatigue describes a state of tiredness that does not resolve with rest or sleep. In general usage, fatigue is synonymous with extreme tiredness or exhaustion that normally follows prolonged physical or mental activity. When it does not resolve ...
—called gauge corner cracking or rolling contact fatigue—could cause another accident. It imposed over 1200 emergency speed restrictions across the network, causing the effective disintegration of the integrity of the operational network for months. Winsor took further enforcement action against Railtrack, first to compel the production of a coherent recovery plan—something the company had failed to do for six weeks after the crash—and then to ensure the plan was carried out. Normal network operation was substantially achieved in May 2001.


New financial settlement for Railtrack

On 23 October 2000, Winsor announced a new regulatory financial settlement of £14.8 billion for Railtrack for the five years 2001-2006 This represented a 50% increase over the settlement for the previous regulatory control period, 1995–2001. This was the culmination of a regulatory review of the company's asset maintenance and management plans, and the demands which passenger and freight train operators were likely to make of the network in the future. Railtrack's poor asset knowledge hampered the work. The fact that the company's information—and that of the Office of the Rail Regulator in the past—was so unsatisfactory frustrated Winsor. Railtrack had the right to appeal Winsor's decision on its financial settlement to the UK
Competition Commission The Competition Commission was a non-departmental public body responsible for investigating mergers, markets and other enquiries related to regulated industries under competition law in the United Kingdom. It was a competition regulator under t ...
. It decided not to do so, principally because on 15 January 2001 Winsor made a public announcement committing to carry out an interim regulatory review of the company's financial position, with the potential—near certainty— it would lead to a substantial increase in Railtrack's allowed revenues, to finance the substantially increased work programme which the Hatfield crash showed was necessary. To alleviate the immediate financial pressures of the huge cost increases of the rerailing programme after Hatfield, Railtrack agreed with the government an acceleration of part of Winsor's financial settlement on 1 April 2001. This brought revenues forward into 2001 which were not due to be paid to the company until 2006. Winsor endorsed the acceleration. To achieve favourable accounting treatment for the revenues, the government agreed that its franchising arm, the
Strategic Rail Authority The Strategic Rail Authority (SRA) was a non-departmental public body in the United Kingdom set up under the Transport Act 2000 to provide strategic direction for the railway industry. Its motto was 'Britain's railway, properly delivered'. I ...
, would set up a 50:50 joint venture company, known as Renewco. The accelerated revenues would be made available to Railtrack via that vehicle. The agreement was that Renewco would be set up by 30 June 2001; if not, Railtrack would have the right to apply to Winsor for an interim regulatory review.


New chairman - secret negotiations with government

In June 2001, Railtrack appointed a new chairman, John Robinson. It then embarked upon secret negotiations with the government for a generous financial bail-out, deliberately concealed from Winsor, who could and would have thwarted what was being proposed. The Railtrack negotiating strategy involved the government agreeing to cost-plus financing of the company for several years, and a four-year suspension of the economic regulatory regime. Many commentators have subsequently remarked that Railtrack was naive to think the government would ever agree to such a thing, but Railtrack apparently thought so. During this time, Renewco was not set up, and Railtrack (and the Strategic Rail Authority, which was also in the dark about the negotiations) pressed the government to do so. The government did not regard Railtrack's bailout proposals as their only option. They prepared for an alternative in secret, the
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-shee ...
of Railtrack. As a result, the company would be put into railway administration, a special kind of corporate status which ensured continuity of network operations, despite the financial condition of the operator.


Threat to independent regulation

On 5 October 2001, Transport Secretary
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 ...
called Winsor to a meeting to explain the government regarded Railtrack as insolvent. Byers advised him a petition for railway administration in respect of Railtrack would be made to the High Court in London on 7 October 2001. Winsor expressed surprise that the company was on the precipice of insolvency, having just had a 50% increase in its allowed revenues in his October 2000 regulatory review. Moreover, the company had not said anything about its precarious position to him though he had the power to advance potentially billions of pounds in additional revenues to it. Winsor asked Byers whether the chairman of Railtrack knew all this. Byers replied that Robinson would be informed at a meeting immediately after Winsor's interview with the Secretary of State. Winsor told Byers he expected Railtrack to apply to him immediately for the promised interim review after hearing this news. Byers replied that any such step would lead the government to introduce emergency legislation into Parliament. This would take the rail regulator under direct political control, to stop the review taking place. Winsor told Byers of the very severe adverse consequences such a step would involve, but Byers was unmoved. The next day, Saturday 6 October 2001, the board of Railtrack met to discuss what the government intended to do. In the early evening, they called Winsor and asked whether he would be prepared to carry out an interim review. Despite the threatened legislation to stop him, Winsor replied that he would help. Although he explained to Railtrack that he could not complete an interim review over a single weekend, he said he would be prepared to make a public statement that he had started the process. He suggested to Railtrack that if they were to show that to the administration judge the next day, the administration order would probably not be made. But Railtrack rejected Winsor's willingness to intervene, and the company went into unopposed administration on Sunday 7 October 2001.


Adverse City and industry reaction

Immediately after Railtrack went into administration (the same day the US and UK began the war in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is borde ...
) there followed a period of very considerable public and City criticism of what the government had done. There were allegations of
renationalisation Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to pri ...
by the back door, and great turbulence in investor confidence, as Winsor had warned. The government strongly asserted it had been justified in reacting as it had to a 'failed privatisation' and a railway in crisis. It said firmly there would be no compensation for investors. Railtrack shareholders immediately made plans to sue the government for what they saw as the unlawful confiscation of their property. Winsor maintained media silence on the affair for a month, until 7 November 2001 when he gave oral evidence to the House of Commons Transport Select Committee. In that evidence, he explained what had happened, and the threatened legislation to extinguish independent economic regulation of the railway industry. That evidence led to Stephen Byers being called to account for his actions in Parliament, since on 5 November 2001 he had denied to Parliament making any threats to Winsor. As a result of the controversy, Winsor was put under increasing political pressure. The prime minister's official spokesman refused to tell journalists whether the prime minister still had confidence in the rail regulator. As he later explained, Winsor refused to resign since he had done nothing wrong. In the face of industry and financial markets' pressure, the government withdrew their threatened legislation and instead announced the regulatory regime for the railways would be reviewed. The independence and jurisdiction of the rail regulator were unaltered during the remainder of Winsor's five-year term. Later after his term ended on 15 July 2004, the government announced a legislative intention to reduce the power of the rail regulator. It intended to advance additional money to Railtrack's successor, Network Rail, at future regulatory reviews. The controversy of Railtrack's administration continued. Byers' political problems intensified with other problems, including difficulties associated with the actions of his special adviser
Jo Moore This is a list of political scandals in the United Kingdom in chronological order. Scandals implicating political figures or governments of the UK, often reported in the mass media, have long had repercussions for their popularity. Issues in p ...
. She had remarked to a colleague at the Department for Transport Local Government and the Regions that 11 September 2001 may be a good day to bury bad news. The controversial and mishandled departure of his press spokesman
Martin Sixsmith Martin Sixsmith (born 24 September 1954) is a British author and radio/television presenter, primarily working for the BBC. He has also worked as an adviser to the Labour government and to the BBC television comedy series ''The Thick of It''. S ...
was also a problem. Byers was subjected to relentless media and political attacks, and on 28 May 2002 he resigned. He never regained Ministerial office. Byers' replacement as Secretary of State for Transport was
Alistair Darling Alistair Maclean Darling, Baron Darling of Roulanish, (born 28 November 1953) is a British politician who served as Chancellor of the Exchequer under Prime Minister Gordon Brown from 2007 to 2010. A member of the Labour Party, he was a Member ...
MP. It fell to Darling to get Railtrack out of administration. The process was taking far longer than had first been supposed by Byers or senior civil servants at the Department for Transport.


Railtrack - how to end the administration

The government realised ending Railtrack's administration required the High Court to be satisfied the company was solvent. Darling needed Winsor to announce his willingness to carry out an interim review of the company's financial position, with the probability he would allocate substantially greater sums to the company for the operation, maintenance and renewal of the network. To enable Winsor to make that decision, Darling knew he needed to make a formal statement to Parliament to the effect that the government had reviewed the economic regulatory regime for the railways and was satisfied with it, and in particular that its independence was an essential cornerstone of the regime and of continuing private investor confidence in the railways. Darling made that statement on 12 June 2002, and Winsor announced his intention to carry out the interim review on 22 September 2002. As a result, on 2 October 2002 the government was able to tell the High Court Railtrack was not insolvent. The regulatory review had been promised and could lead to substantially more money for the company. That explanation satisfied the High Court and it discharged the railway administration order on 2 October 2002. Railtrack was immediately acquired by Network Rail and renamed Network Rail Infrastructure Limited on 3 February 2003.


£22.2 billion settlement

Winsor's interim regulatory review lasted until 12 December 2003. He then announced an additional £7.4 billion in funding, taking Network Rail's income for the five years 2004–2009 to £22.2 billion. Winsor was severely criticised by some politicians—notably the House of Commons Transport Select Committee under the chairmanship of the MP
Gwyneth Dunwoody Gwyneth Patricia Dunwoody (née Phillips; 12 December 1930 – 17 April 2008) was a British Labour Party politician, who was a Member of Parliament (MP) for Exeter from 1966 to 1970, and then for Crewe (later Crewe and Nantwich) from February ...
—for his power to increase public spending on the railways by such a large amount without Treasury approval. Winsor's reply was that was his statutory remit, and he would not be deterred by irrelevant political considerations in carrying it out.


End of term

On 5 July 2004, the government brought the
Railways and Transport Safety Act 2003 The Railways and Transport Safety Act 2003 (c 10) is an Act of the Parliament of the United Kingdom. Purposes of the Act The purposes of the Act include:- *the creation of the Rail Accident Investigation Branch *the replacement of the Rail R ...
into force. It abolished the statutory position of Rail Regulator and replaced the single-person regulator model with a nine-member corporate board called the
Office of Rail Regulation The Office of Rail and Road (ORR) is a non-ministerial government department responsible for the economic and safety regulation of Britain's railways, and the economic monitoring of National Highways. ORR regulates Network Rail by setting ...
. This change was made in line with the Labour government's policy of establishing regulatory boards to take the place of single regulators. Railways were the last but one of the principal economic regulators to be reformed in this way (the last being the regulatory authority for the water industry). Winsor later remarked he was glad that for five years he had been able to do the work of nine people. In January 2007, the ORR board was enlarged to 11 members.


White & Case

Between July 2004 and September 2012, he was a partner in the London office of
White & Case White & Case LLP is a global law firm based in New York City. Founded in 1901, the firm has 46 offices in 31 countries worldwide and has been ranked among the top ten firms worldwide by revenue. History The firm was launched on May 1, 1901 wh ...
, the international law firm headquartered in New York. In that time, his practice began predominantly in UK rail matters. It soon expanded to cover transport and infrastructure matters in the Far East, the Middle East, Europe and Africa. His advice was often sought on matters of the design and reform of economic regulatory systems, as well as major infrastructure projects. He resigned as a partner of White & Case on 30 September 2012, in order to take up appointment as HM Chief Inspector of Constabulary the following day.


Review of police officers' and staff pay and conditions

On 1 October 2010, the UK
Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all nationa ...
,
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
MP, announced that Winsor was to carry out a review of police pay and working conditions. The purpose stated was to improve service for the public and maximise value for money. The review was given the job of making recommendations about the pay and conditions of the 43 established police forces in England and Wales. The last major review into the pay and condition of police officers was written by
Lord Edmund-Davies Herbert Edmund Edmund-Davies, Baron Edmund-Davies, Privy Council of the United Kingdom, PC (15 July 1906 – 26 December 1992) was a British judge. Early life and career Born Herbert Edmund Davies at Mountain Ash, Rhondda Cynon Taf, Mountain ...
in 1978. There had been a high-profile
review A review is an evaluation of a publication, product, service, or company or a critical take on current affairs in literature, politics or culture. In addition to a critical evaluation, the review's author may assign the work a rating to indi ...
by Sir Patrick Sheehy rejected in 1993. Former West Midlands Chief Constable Sir Edward Crew and Professor Richard Disney of the University of Nottingham supported Winsor in carrying out the review with professional advice. The review was required to report to the Home Secretary in two parts: the first on short-term improvements to the police service in March 2011, and the second on matters of longer-term reform in March 2012. The Home Office announcement of the review stated its three main objectives: * use remuneration and conditions of service to maximise officer and staff deployment to front-line roles where their powers and skills are required; * provide remuneration and conditions of service that are fair to and reasonable for both the taxpayer and police officers and staff; and * enable modern management practices in line with practices elsewhere in the public sector and the wider economy.


Part 1

The Home Office published the first part report 8 March 2011. Broadly, it recommended savings of £1.1 billion from the police pay bill over three years September 2011–September 2014. £485 million would go to the taxpayer and £625 million would be redirected to 'front-line policing'. The report suggested the pay budget be redistributed in such a way that some police officers would receive pay cuts whilst other officers would benefit. Front-line policing was defined as the officers doing the hardest and most dangerous duties and those who have and use the highest professional skills, in areas like
firearms A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...
, investigation (detectives), neighbourhood policing and public order. The Home Secretary referred the Part 1 proposals to the statutory
Police Negotiating Board The Police Negotiating Board (PNB) was a United Kingdom non-departmental public body established by Act of Parliament in 1980 to negotiate the pay and terms and conditions of employment of the British police. It was funded by the Home Office, and t ...
(PNB) for formal consideration. The PNB failed to agree on the proposals and referred them to the Police Arbitration
Tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ...
(PAT), which reported on 8 January 2012. The PAT supported ten of the eighteen Part 1 recommendations, and deferred consideration on others pending the appearance of the Final Report (also known as Part 2 or Winsor 2). On 30 January 2012, the Home Secretary announced she would accept the PAT outcome on Part 1.


Part 2

The Part 2 report, the Final Report of the review, was published on 15 March 2012. It contains recommendations of a much
longer-term In economics, the long-run is a theoretical concept in which all markets are in equilibrium, and all prices and quantities have fully adjusted and are in equilibrium. The long-run contrasts with the short-run, in which there are some constraints a ...
nature, including linking pay to performance rather than time-service, payment for the acquisition and use of
accredited Accreditation is the independent, third-party evaluation of a conformity assessment body (such as certification body, inspection body or laboratory) against recognised standards, conveying formal demonstration of its impartiality and competence to ...
professional policing skills, the creation of a power akin to a right of police forces to make police officers redundant even if they have not yet attained full pensionable service and higher educational qualifications be required of recruits. It also recommends fast-track promotion to inspector rank for the most promising internal and external candidates, direct entry at
superintendent Superintendent may refer to: *Superintendent (police), Superintendent of Police (SP), or Senior Superintendent of Police (SSP), a police rank *Prison warden or Superintendent, a prison administrator *Superintendent (ecclesiastical), a church exec ...
rank for individuals of exceptional achievement in other sectors, and compulsory fitness tests for all officers. It proposes a more rigorous regime applying to officers on restricted duties (i.e. those who are unable to fulfill all the requirements of a police officer), a new
retirement age This article lists the statutory retirement age in different countries. Background In some contexts, the retirement age is the age at which a person is expected or required to cease work. It is usually the age at which such a person may be enti ...
of 60 for police officers, and the replacement of the PNB and the PAT with a pay review body for police officers and the settlement of chief officers' pay by the Senior Salaries Review Body. On 27 March 2012, the Home Secretary made a statement to Parliament saying would direct the PNB and the Police Advisory Board for England and Wales to consider as a matter of urgency the Part 2 proposals on pay, promotion and other matters within their remits. In relation to direct entry at higher ranks, she said: 'I do not believe it is in the best interests of the service to restrict its ability to appoint officers to senior positions to a limited number of individuals. While police leaders have undoubted strengths, I want to ensure that the police service is able to draw upon the best pool of talent available. The Government believe that the review's recommendations on entry could support this and I will therefore consult partners on them.' The PNB and the PAB duly considered the Part 2 recommendations. The most controversial of them were referred to the Police Arbitration Tribunal, which reported its determination on 20 December 2013. The PAT rejected the proposal on compulsory severance for police officers with fewer than 30 years' service. On 14 February 2014 the Home Secretary announced she would accept the PAT decision and therefore would not proceed with it 'at this time', leaving open the possibility that it will be needed and should be introduced in the future. Winsor's proposals for the abolition of the Police Negotiating Board and the Police Arbitration Tribunal were accepted. They were legislated for in the Anti-social Behaviour, Police and Crime Act 2014.


Reaction

Reaction to Part 1 of the report was mixed. The
Association of Chief Police Officers The Association of Chief Police Officers of England, Wales and Northern Ireland (ACPO) was a not-for-profit private limited company that for many years led the development of policing practices in England, Wales, and Northern Ireland. Established ...
welcomed the Part 1 report and said it hoped it would lay lasting foundations for the police service. The Police Federation said it would oppose the proposals as an unprecedented attack on police pay and conditions. Media reaction to the review was similarly mixed. It focused on comments from
Police Federation of England and Wales The Police Federation of England and Wales (PFEW) is the statutory staff association for police constables, sergeants, inspectors, chief inspectors and special constables in the 43 territorial police forces in England and Wales. Under UK l ...
on a number of process errors in the report. It also drew special attention to the claim that a very high proportion of officers were obese. The Police Federation reacted adversely to the Part 2 report. It told the Home Secretary that its contents had placed its members in a state of 'utter dismay, consternation and disillusion'. It said that 'what Winsor is suggesting goes far beyond reform and threatens to undermine the very foundations of British policing and the public we serve'. It asked the Home Secretary to 'reject Winsor Part 2 outright'. On 10 May 2012 in London, it held a march to mark its opposition to the proposals. 32,000 officers attended and marched past the Home Office and the Houses of Parliament. The Federation also announced that it would be seeking 'full industrial rights' for police officers including the right to strike over pay and conditions. The Association of Chief Police Officers was more positive in its reaction to the Part 2 report, although it acknowledged it would take time to absorb its 780 pages. It said it understood radical changes were required to absorb budget cuts and agreed with the move away from length of tenure as the sole criteria for increased pay. However, the 'core ethos of service and self-sacrifice' must not be put in danger.


HM Chief Inspector of Constabulary

On 7 June 2012, the Home Office announced that the Home Secretary, Theresa May, MP, had selected Winsor as her preferred candidate to replace Sir Denis O'Connor as HM Chief Inspector of Constabulary for England and Wales. On 26 June 2012, Winsor appeared before the
Home Affairs Select Committee The Home Affairs Select Committee is a Departmental Committee of the House of Commons in the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependenc ...
of the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
for a pre-appointment hearing. The Committee supported his appointment, and he was recommended formally to the Prime Minister and the Queen for appointment as HM Chief Inspector. Royal approval was given on 3 July 2012. The Police Federation criticised his election as he was the first Chief Inspector of Constabulary to be appointed from outside the police service. A protest march took place through London involving 30,000 police officers. As of 2015, Winsor was paid a salary of between £195,000 and £199,999 by the department, making him one of the 328 most highly paid people in the British public sector at that time. On 19 December 2013, the Home Office announced its intention to increase HMIC's annual budget by £9.4 million to enable the Inspectorate to carry out annual, in-depth force inspections on core policing matters in every one of the 43 Home Office police forces in England and Wales, in addition to HMIC's programme of thematic inspections (28 such inspections are being carried out in the current inspection year). The design of the new inspection programme is being carried out in close consultation and co-operation with the police service, and will lead to an interim all-force assessment in November 2014, with the first full all-force inspection assessment in November 2015. In March 2014, he published his first annual assessment of the efficiency and effectiveness of the police service in England and Wales This fulfilled a new statutory requirement under the
Police Reform and Social Responsibility Act 2011 The Police Reform and Social Responsibility Act 2011 (c. 13) is an Act of the Parliament of the United Kingdom. It transfers the control of police forces from police authorities to elected Police and Crime Commissioners. The first police commis ...
, an amendment to the
Police Act 1996 The Police Act 1996c 16 is an Act of the Parliament of the United Kingdom which defined the current police areas in England and Wales, constituted police authorities for those areas, and set out the relationship between the Home Secretary and t ...
. In the 2015
New Year honours list The New Year Honours is a part of the British honours system, with New Year's Day, 1 January, being marked by naming new members of orders of chivalry and recipients of other official honours. A number of other Commonwealth realms also mark this ...
, it was announced Winsor was to be knighted.
The Queen In the English-speaking world, The Queen most commonly refers to: * Elizabeth II (1926–2022), Queen of the United Kingdom and other Commonwealth realms from 1952 until her death The Queen may also refer to: * Camilla, Queen Consort (born 1947), ...
conferred his knighthood at
Buckingham Palace Buckingham Palace () is a London royal residence and the administrative headquarters of the monarch of the United Kingdom. Located in the City of Westminster, the palace is often at the centre of state occasions and royal hospitality. It ...
on 19 March 2015. Publishing his annual State of Policing report in April 2017, Winsor warned that the inadequacy in
mental health Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles Stress (biology), stress, interpersonal relationships, and decision-maki ...
care provision, partially due to the lack of available healthcare beds, was causing a drain on police resources. The police had to handle 240,000 mental health cases. This was criticised by the mental health charity
Mind The mind is the set of faculties responsible for all mental phenomena. Often the term is also identified with the phenomena themselves. These faculties include thought, imagination, memory, will, and sensation. They are responsible for various m ...
, which emphasised the importance of people with such issues getting the right support. It was announced his role would be expanded to oversee fire and rescue services in the United Kingdom. HMIC would become 'the single inspectorate' for fire and policing, taking over the role of
Her Majesty's Fire Service Inspectorate The title and job role of His Majesty's Chief Inspector of Fire and Rescue Services in England, Scotland and Wales is combined with that known as Fire and Rescue Adviser (or Government Fire and Rescue Adviser) appointed by the devolved and natio ...
. The move was well-received within industry groups, with the National Fire Chiefs Council welcoming the increased
accountability Accountability, in terms of ethics and governance, is equated with answerability, blameworthiness, liability, and the expectation of account-giving. As in an aspect of governance, it has been central to discussions related to problems in the pub ...
and transparency the move would bring. A recommendation was made to the Queen to appoint Winsor as the first Her Majesty's Chief Inspector of Fire & Rescue Services. His expanded role began on 17 July 2017. In November 2017, allegations were leaked that the police found porn on
First Secretary of State The First Secretary of State is an office that is sometimes held by a minister of the Crown in the Government of the United Kingdom. The office indicates seniority, including over all other Secretaries of State. The office is not always in use, ...
Damien Green's computer during a raid in November 2008. Winsor condemned the leak, which had been from retired police officers, saying they had an 'enduring' duty of confidentiality, even after they left the force. On 20 December 2017, Green was removed from his position after it was found he had lied to colleagues over the matter. In May 2022, following the resignation of
Metropolitan Police Commissioner The Commissioner of Police of the Metropolis is the head of London's Metropolitan Police Service. Sir Mark Rowley was appointed to the post on 8 July 2022 after Dame Cressida Dick announced her resignation in February. The rank of Commission ...
Cressida Dick Dame Cressida Rose Dick (born 16 October 1960) is a British retired senior police officer who served as Commissioner of Police of the Metropolis from 2017 to 2022. She is both the first female and first openly homosexual officer to lead the M ...
, Home Secretary
Priti Patel Priti Sushil Patel (born 29 March 1972) is a British politician who served as Home Secretary from 2019 to 2022. A member of the Conservative Party, she was Secretary of State for International Development from 2016 to 2017. Patel has been the Me ...
ordered a review, to be led by Winsor, to examine whether the
Mayor of London The mayor of London is the chief executive of the Greater London Authority. The role was created in 2000 after the Greater London devolution referendum in 1998, and was the first directly elected mayor in the United Kingdom. The current m ...
's role in hiring and dismissing the Commissioner should be reduced.


Controversy


Railtrack

Winsor was a witness in the legal action, heard in the High Court in London in June and July 2005. 49,500 Railtrack private shareholders of Railtrack brought the action against the
Secretary of State for Transport The Secretary of State for Transport, also referred to as the transport secretary, is a secretary of state in the Government of the United Kingdom, with overall responsibility for the policies of the Department for Transport. The incumbent is ...
for misfeasance in public office. Not all aspects of the
administration Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, admini ...
of Railtrack were aired in that case. In the House of Commons on 24 October 2005, further criticism was levelled at the government concerning the circumstances in which Railtrack went into administration. Shadow transport secretary
Alan Duncan Sir Alan James Carter Duncan (born 31 March 1957) is a British former Conservative Party politician who served as Minister of State for International Development from 2010 to 2014 and as Minister of State for Europe and the Americas from 20 ...
and
Kenneth Clarke Kenneth Harry Clarke, Baron Clarke of Nottingham, (born 2 July 1940), often known as Ken Clarke, is a British politician who served as Home Secretary from 1992 to 1993 and Chancellor of the Exchequer from 1993 to 1997 as well as serving as de ...
QC MP, made those criticisms. Transport Secretary Alistair Darling and Stephen Byers defended them. In 2006 two of Winsor's policies established whilst he was Rail Regulator were challenged in the High Court in London. The issues were the structure of network access charges (October 2000), and the conditions on which new passenger train operators, without franchise contracts with the British government (called open access operators), are permitted to compete with companies which do (May 2004). The case was a
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
brought by Great North Eastern Railway Company Ltd against the Office of Rail Regulation. Two
open access operator In rail transport in Europe, an open-access operator is a train operating company that takes full commercial risk, running on infrastructure owned by a third party and buying paths on a chosen route and in countries where rail services run under ...
s were joined in the case as interested third parties. One of which, Grand Central Railway Company Ltd, was represented by Winsor. Winsor, therefore, both represented his client and gave evidence in the case as a witness. The defence of the case was successful.


Uniform

In 2013, Winsor was criticised for attending the National Police Memorial Day Service in a uniform similarly styled to that of a standard police uniform, as he has never served in the police force himself. Numerous online petitions started asking for him to be reprimanded. Winsor said he had worn the uniform as a mark of respect. Winsor answered the criticism by explaining that the uniform he wore was not a police officer's uniform, and was in fact the uniform of the chief inspector of constabulary. He told the Home Affairs Select Committee that far from wearing a uniform to which he was not entitled, he wore the uniform to which only he (as holder of that office at the time) was entitled.


Comments on communities 'born under other skies'

In 2014, Winsor claimed that there were certain communities 'born under other skies' which 'preferred to police themselves'. He argued that such areas were not 'no go zones' as such for police, but that in the absence of any contact between the persons who lived in such communities and British police, they simply 'won't know what's going on'. The comments were publicly criticised by the
Home Affairs Select Committee The Home Affairs Select Committee is a Departmental Committee of the House of Commons in the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependenc ...
chairman
Keith Vaz Nigel Keith Anthony Standish Vaz (born 26 November 1956) is a British Labour Party politician who served as the Member of Parliament (MP) for Leicester East for 32 years, from 1987 to 2019. He was the British Parliament's longest-serving Br ...
.


Comments on officers' stress

In 2017, Winsor was asked in a live interview on
Sky News Sky News is a British free-to-air television news channel and organisation. Sky News is distributed via an English-language radio news service, and through online channels. It is owned by Sky Group, a division of Comcast. John Ryley is the he ...
why he thought there was a lack of police constables willing to move into the role of detective constable or to remain in that role. He replied: 'Detective work is much more stressful in many respects than being a response officer or a neighbourhood policing officer. If you are on response, if you're dealing with 999 calls, then in the main at the end of your shift you take nothing home.
Detective A detective is an investigator, usually a member of a law enforcement agency. They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads th ...
s do take the problems home, they take the problems of the investigation and of course the risks that they carry if they make a mistake and they miss something. That's something they take home too.' This sparked outrage from the policing community as well as from the public when officers began sharing on
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
some of the things they have had to deal with whilst at work and the effect it had on them, using the
hashtag A hashtag is a metadata tag that is prefaced by the hash (also known as pound or octothorpe) sign, ''#''. On social media, hashtags are used on microblogging and photo-sharing services such as Twitter or Instagram as a form of user-generated ...
#ITookHome. Many examples were of officers dealing with
corpses A cadaver or corpse is a dead human body that is used by medical students, physicians and other scientists to study anatomy, identify disease sites, determine causes of death, and provide tissue to repair a defect in a living human being. Stu ...
, watching people die, or seeing the after effects of Sexual abuse, sexual or Domestic violence, domestic abuse on both adults and children. In response to the outcry, Winsor quickly apologised, saying his comments were "plainly wrong".


References


External links


Archive link to the full Winsor review
{{DEFAULTSORT:Winsor, Tom 1957 births Living people Alumni of the University of Edinburgh Alumni of the University of Dundee Scottish solicitors People from Broughty Ferry People educated at Grove Academy Knights Bachelor Chief Inspectors of Constabulary (England and Wales) Alumni of the University of Edinburgh School of Law