Tom Winsor
Encyclopedia
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. On 1 October 2010, he was appointed by UK Home Secretary Theresa May MP to carry out a wide-ranging review of the remuneration and conditions of service of police officers and staff in England & Wales, the first for over 30 years.
, Dundee
, the third son and fifth child of Thomas V M Winsor and Phyllis Bonsor. He was educated at the state comprehensive school Grove Academy
, Broughty Ferry, from where, in 1976, he went to the University of Edinburgh
to study law. After graduation in 1979, he served his two-year Scots legal apprenticeship with Dundee law firm Thorntons & Dickies, and 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
under Professor T C Daintith, and received a Diploma in Petroleum Law in 1983.
Winsor became a Writer to the Signet (WS) in 1984. The Society of Writers to HM Signet is a professional association of lawyers in Scotland, most of whom practise in the Court of Session
in Edinburgh.
He was employed as a solicitor by the leading Edinburgh law firm Dundas & Wilson
from 1983 until 1984, from where he 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, where he worked first 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 plc on the London stock exchange in 1993, Winsor was seconded by his firm to the Government Legal Service as chief legal adviser and general counsel to the first Rail Regulator
, John Swift QC
. The Rail Regulator was the statutory officer - established by the Railways Act 1993
- 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 his partnership at Denton Hall in August 1995. With his partners, over the following four years he built a successful railway and regulatory law practice, working on some of the most important railway projects in the UK, including the financing of the first phase of High Speed 1 and the upgrade of the West Coast main line
.
MP, then Secretary of State for the Environment, Transport and the Regions and Deputy Prime Minister, appointed Winsor as Swift's successor as Rail Regulator
and International Rail Regulator
.
On his appointment after the British general election in 1997, Prescott had declared that 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, and had instead - in its manifesto for the 1997 election - 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, since, if properly implemented, could achieve virtually all of 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 in September 1998, Prescott had declared that he was going to carry out a 'spring clean of the regulators', which many commentators realised meant the appointment of a tougher, more interventionist replacement for Swift.
began on 5 July 1999, and 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, replacing enforcement regulation with incentives, and changing 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
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, describing it as a dysfunctional organisation which was inward-looking and barely able to do the job it had been given by Parliament. Changing this quickly was, he said, 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 because their contracts were weak, with a poor specification of what they got for their money and uncertain and ineffective remedies for 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 infrrastructure 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 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 of which were announced on 12 December 2003 and gave Network Rail
(Railtrack's successor) an additional £7.4 billion.
Winsor's relationship with Railtrack was stormy. He saw it as his duty to hold the company more closely and vigorously to account, and 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
and High Speed 1, Winsor believed that Railtrack should concentrate on the core job of operating, maintaining and renewing the national network.
, Railtrack's chief executive, led a management team which resisted this new regulatory pressure. On 3 April 2000, under the headline 'Railtrack Declares War on Regulator'
, The Guardian
newspaper reported that 'Railtrack is adopting a "culture of defiance" against the rail regulator', a stance which Winsor was reported as describing 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. When Corbett offered his resignation after the Hatfield rail crash
, the company's senior management tried to rally support for Corbett - to persuade him not to go - amongst the senior figures in the railway industry. Winsor is thought to have been the only senior figure who withheld support, although he did not do it publicly. Corbett's resignation was not accepted by Railtrack
's board, but when a month later he offered his resignation a second time, it went through. Corbett was succeeded by Steve Marshall, the company's finance director.
, north of London, killing four passengers and injuring many more. Gerald Corbett immediately offered his resignation, but his board refused it, and Corbett remained in office for a further month when he resigned again, this time having his offer accepted. Corbett was replaced as chief executive by the finance director, Steve Marshall.
Because Railtrack's asset knowledge had been so poor, the company did not know with sufficient certainty where else on its network the type of metal fatigue - called gauge corner cracking or rolling contact fatigue - could cause another accident. And so 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 which the company had failed to do for six weeks after the crash - and then to ensure that the plan was carried out. Normal network operation was substantially achieved in May 2001.
In responding to the crash, Railtrack had carried out a highly inefficient programme of track renewal and replacement, costing hundreds of millions of pounds. Track was replaced without the ballast and sleepers underneath also being renewed, and some track had to be replaced a second time.
and Railtrack's reaction to it showed immediately that the company's asset management plans for the future were inadequate and more work - and so more money - would be needed. The problem was no-one then knew how much. (It turned out to be an extra £7.4 billion.)
Railtrack had the right to appeal Winsor's decision on its financial settlement to the UK Competition Commission
. 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 - that 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.
- would set up a 50:50 joint venture company (which became known as Renewco), and 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, and if it wasn't, Railtrack would instead have the right to apply to Winsor for an interim regulatory review.
The government did not regard Railtrack's bailout proposals as their only option. In secret, they prepared for an alternative, the insolvency
of Railtrack and, as a result, the company being put into railway administration, a special kind of corporate status which ensured continuity of network operations despite the financial condition of the operator.
called Winsor to a meeting to explain that the government regarded Railtrack as insolvent and that 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 could be on the precipice of insolvency, having just had a 50% increase in its allowed revenues in his October 2000 regulatory review, and that the company would not have said anything about its precarious position to its economic regulator who had the power to advance potentially billions of pounds to it in additional revenues. Asked by Winsor whether the chairman of Railtrack knew all this, Byers replied that John Robinson would be informed at a meeting immediately after Winsor's interview with the Secretary of State. Winsor told Byers that he would expect Railtrack, upon hearing this news, would immediately apply to him for the promised interim review. Byers replied that any such step would be met by the government introducing emergency legislation into Parliament to 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. Ministers had made up their minds.
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 be prepared to 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, and 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 administration - unopposed - the next day, Sunday 7 October 2001.
- there followed a period of very considerable public and City criticism of what the government had done, with allegations of renationalisation by the back door and great turbulence in investor confidence, as Winsor had warned. The government strongly asserted that it had been justified in reacting as it had to a "failed privatisation" and a railway in crisis, and said firmly that there would be no compensation for investors. Immediately plans were made by Railtrack shareholders to sue the government for what they saw as the unlawful confiscation of their property. Because at that time Winsor's role in the affair was not yet known, there were suggestions that he too would be a defendant for having (as was thought) colluded with the government in bringing down Railtrack. Winsor maintained media silence on the whole 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, with the prime minister's official spokesman refusing to tell journalists whether the prime minister still had confidence in the rail regulator.
Winsor refused to resign, since, as he later explained, he had done nothing wrong. In the face of industry and financial markets pressure, the government withdrew their threatened legislation and instead announced that the regulatory regime for the railways would be reviewed. The independence and jurisdiction of the rail regulator was not altered during the remainder of Winsor's five-year term, although immediately afterwards - on 15 July 2004, the government announced a legislative intention to cut down the power of the rail regulator to advance additional money to Railtrack's successor - Network Rail
- at future regulatory reviews.
who 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, and the controversial and mishandled departure of his press spokesman Martin Sixsmith
. 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
MP. It fell to Darling to get Railtrack out of administration, a process which was taking far longer than had first been supposed by Byers or senior civil servants at the Department for Transport.
As a result, on 2 October 2002 the government was able to tell the High Court that Railtrack was not insolvent because the regulatory review had been promised and could lead to substantially more money for the company. The High Court was satisfied with that explanation and 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
Winsor was severely criticised by some politicians - notable the House of Commons Transport Select Committee under the chairmanship of Gwyneth Dunwoody
MP - for his power to increase public spending on the railways by such a large amount without Treasury approval. Winsor's reply was that that was his statutory remit and he would not be deterred by irrelevant political considerations in carrying it out.
. His practice there has been divided equally between railway and regulatory work in the United Kingdom and in Europe, South East Asia and Africa.
, which 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
. This change was made in line with the Labour government's policy of establishing regulatory boards to take the place of single regulators, and railways was 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 that 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 eleven members.
Those criticisms were made by shadow transport secretary Alan Duncan
MP and Kenneth Clarke
QC MP, and were defended by transport secretary Alistair Darling
MP and Stephen Byers
MP. Darling was later severely criticised for having that day tabled a motion in the House of Commons expressly congratulating the Government on the threats it had made to the independence and jurisdiction of the Rail Regulator in October 2001, despite Darling's own formal statements to Parliament between June 2002 and February 2004 that independent economic regulation of the railways was essential for the continuation of private investment in the industry, and effectively would and should be inviolate.
In 2006 two of Winsor's policies established whilst he was Rail Regulator - on 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) - were challenged in the High Court in London. The case was a judicial review
brought by Great North Eastern Railway
Company Ltd against the Office of Rail Regulation
. Two open access operators were joined in the case as interested third parties, one of which - Grand Central Railway Company Ltd - was a client of White & Case. Winsor therefore both represented his client and gave evidence in the case as a witness. The defence of the case was successful.
, Theresa May
MP, announced that Winsor was to carry out the most comprehensive review of police pay and conditions in more than 30 years to improve service for the public and maximise value for money.
The independent study was tasked with making recommendations to bring modern management practices into policing and increase operational flexibility for the country’s 43 territorial police forces. The last time that such a review was implemented in full was the report by Lord Edmund-Davies in 1978.
In carrying out the review, Winsor has been supported by professional advice from former West Midlands Chief Constable Sir Edward Crew and Professor Richard Disney of the University of Nottingham, a leading labour market economist.
The review is required to report to the Home Secretary in two parts: the first on short-term improvements to the police service in February 2011, and the second on matters of longer-term reform in June 2011.
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 frontline 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.
The first part report was published by the Home Office on 8 March 2011. See: www.review.police.uk
Broadly, it recommends savings of £1.1 billion from the police pay bill over three years September 2011 - September 2014, with £485 million going to the taxpayer and £625 million being redirected to front-line policing, to reward police officers doing the hardest and most dangerous duties and those who have and use the highest professional skills, in areas such as firearms, investigation (detectives), neighbourhood policing and public order.
The Association of Chief Police Officers welcomed the Part 1 report and said that it hopes it will lay lasting foundations for the police service. The Police Federation has said that it will oppose the proposals as an unprecedented attack on police pay and conditions. Media reaction to the review was almost unanimously supportive, however following the riots of August 2011 across the country, many changed position to reflect the growing public opinion against the proposals that are now seen to be unfair in view of the dangerous and demanding role of the Police officer.
The next step is for the Government to state its reaction to the report, and then for the Home Secretary to direct the Police Negotiating Board (PNB) to engage on those of Winsor's recommendations which she supports and specifies. If the PNB fails to reach agreement within a time specified by the Home Secretary, the matter will be referred to the Police Arbitration Tribunal. The PAT's determination has the status of an agreement at PNB, and the issue then returns to the Home Secretary to make a determination. Depending on which of the review's recommendations she accepts, the Home Secretary may also need to make amendments to the Police Regulations 2003.
These steps need to be completed by September 2011, so that there is a new pay settlement to replace the present three-year pay settlement which expires then.
Winsor and his team have now embarked upon Part 2 of the review.
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....
for Great Britain. He is a partner in international law firm White & Case
White & Case
White & Case was founded in New York in 1901 and has grown into one of the world's leading global law firms. The firm has since expanded, and has practice groups in emerging markets including Latin America, Central & Eastern Europe, Africa, the Middle East and Asia, as well as in Europe...
LLP. On 1 October 2010, he was appointed by UK Home Secretary Theresa May MP to carry out a wide-ranging review of the remuneration and conditions of service of police officers and staff in England & Wales, the first for over 30 years.
Legal career
Tom Winsor was born in Broughty FerryBroughty Ferry
Broughty Ferry is a suburb on the eastern side of the City of Dundee, on the shore of the Firth of Tay in eastern Scotland...
, Dundee
Dundee
Dundee is the fourth-largest city in Scotland and the 39th most populous settlement in the United Kingdom. It lies within the eastern central Lowlands on the north bank of the Firth of Tay, which feeds into the North Sea...
, the third son and fifth child of Thomas V M Winsor and Phyllis Bonsor. He was educated at the state comprehensive school Grove Academy
Grove Academy
Grove Academy is a secondary school in Broughty Ferry, Dundee. One of the most academically achieving schools in Scotland, Grove Academy enrolls approximately 1500 pupils, the majority of which are from Forthill, Eastern, and Barnhill primary schools...
, Broughty Ferry, from where, in 1976, he went to the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
to study law. After graduation in 1979, he served his two-year Scots legal apprenticeship with Dundee law firm Thorntons & Dickies, and 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
University of Dundee
The University of Dundee is a university based in the city and Royal burgh of Dundee on eastern coast of the central Lowlands of Scotland and with a small number of institutions elsewhere....
under Professor T C Daintith, and received a Diploma in Petroleum Law in 1983.
Winsor became a Writer to the Signet (WS) in 1984. The Society of Writers to HM Signet is a professional association of lawyers in Scotland, most of whom practise in the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
in Edinburgh.
He was employed as a solicitor by the leading Edinburgh law firm Dundas & Wilson
Dundas & Wilson
Dundas & Wilson LLP is a leading commercial UK law firm with offices in Edinburgh, Glasgow and London. The firm is based in Scotland, but like other large Scottish law firms, it now has an established practice in London, which earns 39% of its total revenues...
from 1983 until 1984, from where he 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, where he worked first 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 plc on the London stock exchange in 1993, Winsor was seconded by his firm to the Government Legal Service as chief legal adviser and general counsel to the first 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....
, John Swift QC
John Swift QC
John Swift QC is an English barrister and a leading authority on competition law.- Rail regulation :From December 1, 1993 until November 30, 1998, Swift was Rail Regulator and International Rail Regulator, having been appointed to those posts by Conservative politician and Secretary of State for...
. The Rail Regulator was the statutory officer - established by 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...
- 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 his partnership at Denton Hall in August 1995. With his partners, over the following four years he built a successful railway and regulatory law practice, working on some of the most important railway projects in the UK, including the financing of the first phase of High Speed 1 and the upgrade of the West Coast main line
West Coast Main Line
The West Coast Main Line is the busiest mixed-traffic railway route in Britain, being the country's most important rail backbone in terms of population served. Fast, long-distance inter-city passenger services are provided between London, the West Midlands, the North West, North Wales and the...
.
Appointment
In July 1999, John PrescottJohn 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, then Secretary of State for the Environment, Transport and the Regions and Deputy Prime Minister, appointed Winsor as Swift's successor 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....
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....
.
On his appointment after the British general election in 1997, Prescott had declared that 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, and had instead - in its manifesto for the 1997 election - 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, since, if properly implemented, could achieve virtually all of 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 in September 1998, Prescott had declared that he was going to carry out a 'spring clean of the regulators', which many commentators realised meant the appointment of a tougher, more interventionist replacement for Swift.
New regulatory approach
Winsor's five-year term as Rail RegulatorRail 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....
began on 5 July 1999, and 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, replacing enforcement regulation with incentives, and changing 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
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...
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, describing it as a dysfunctional organisation which was inward-looking and barely able to do the job it had been given by Parliament. Changing this quickly was, he said, 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 because their contracts were weak, with a poor specification of what they got for their money and uncertain and ineffective remedies for 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 infrrastructure 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
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...
. 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 of which were announced on 12 December 2003 and gave Network Rail
Network Rail
Network Rail is the government-created owner and operator of most of the rail infrastructure in Great Britain .; it is not responsible for railway infrastructure in Northern Ireland...
(Railtrack's successor) an additional £7.4 billion.
Problems with Railtrack
Winsor's main focus was the company which he regarded as performing most unsatisfactorily - Railtrack. He criticised it for 'policies of neglect of its assets and hostility to its customers', and in his first month in office took enforcement action against it in relation to its performance, imposing a 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. 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, and 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
London Underground
The London Underground is a rapid transit system serving a large part of Greater London and some parts of Buckinghamshire, Hertfordshire and Essex in England...
and High Speed 1, Winsor believed that Railtrack should concentrate on the core job of operating, maintaining and renewing the national network.
Resistance and enforcement
Gerald CorbettGerald Corbett
Gerald Corbett is a businessman in the United Kingdom. Since 2005 he has been Chairman of SSL International plc and Britvic plc. Britvic is one of the two leading soft drinks companies in Britain whose major brands include Robinsons, Tango, Pepsi, Fruit Shoot and J20...
, Railtrack's chief executive, led a management team which resisted this new regulatory pressure. On 3 April 2000, under the headline 'Railtrack Declares War on Regulator'
, The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
newspaper reported that 'Railtrack is adopting a "culture of defiance" against the rail regulator', a stance which Winsor was reported as describing 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. When Corbett offered his resignation 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...
, the company's senior management tried to rally support for Corbett - to persuade him not to go - amongst the senior figures in the railway industry. Winsor is thought to have been the only senior figure who withheld support, although he did not do it publicly. Corbett's resignation was not accepted by 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...
's board, but when a month later he offered his resignation a second time, it went through. Corbett was succeeded by Steve Marshall, the company's finance director.
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 for the company - and the British railway industry - was on 17 October 2000 when a broken rail caused a high-speed train, travelling at 115 mph, to derail at HatfieldHatfield 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...
, north of London, killing four passengers and injuring many more. Gerald Corbett immediately offered his resignation, but his board refused it, and Corbett remained in office for a further month when he resigned again, this time having his offer accepted. Corbett was replaced as chief executive by the finance director, Steve Marshall.
Because Railtrack's asset knowledge had been so poor, the company did not know with sufficient certainty where else on its network the type of metal fatigue - called gauge corner cracking or rolling contact fatigue - could cause another accident. And so 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 which the company had failed to do for six weeks after the crash - and then to ensure that the plan was carried out. Normal network operation was substantially achieved in May 2001.
In responding to the crash, Railtrack had carried out a highly inefficient programme of track renewal and replacement, costing hundreds of millions of pounds. Track was replaced without the ballast and sleepers underneath also being renewed, and some track had to be replaced a second time.
New financial settlement for Railtrack
On 23 October 2000, Winsor had announced a new regulatory financial settlement of £14.8 billion for Railtrack for the five years 2001-2006, 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. But the work was hampered by Railtrack's poor asset knowledge, and Winsor had been frustrated that the company's information - and that of the Office of the Rail Regulator in the past - was so unsatisfactory. The Hatfield crashHatfield 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...
and Railtrack's reaction to it showed immediately that the company's asset management plans for the future were inadequate and more work - and so more money - would be needed. The problem was no-one then knew how much. (It turned out to be an extra £7.4 billion.)
Railtrack had the right to appeal Winsor's decision on its financial settlement to the UK Competition Commission
Competition Commission
The Competition Commission is 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 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 - that 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.
Short-term financial assistance
In order to alleviate its immediate financial pressures - the huge cost increases of the rerailing programme after Hatfield - on 1 April 2001, Railtrack agreed with the government an acceleration of part of Winsor's financial settlement, bringing forward into 2001 revenues which were not due to be paid to the company until 2006. Winsor endorsed the acceleration. In order to achieve favourable accounting treatment for the revenues, the government agreed that its franchising arm - the Strategic Rail AuthorityStrategic Rail Authority
In existence from 2001 to 2006, the Strategic Rail Authority 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....
- would set up a 50:50 joint venture company (which became known as Renewco), and 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, and if it wasn't, Railtrack would instead 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. The company then embarked upon secret negotiations with the government - they were deliberately concealed from Winsor, who could and would have thwarted what was being proposed - for a generous financial bail-out of the company. 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 that 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. In secret, they prepared for an alternative, the insolvency
Insolvency
Insolvency means the inability to pay one's debts as they fall due. Usually used to refer to a business, insolvency refers to the inability of a company to pay off its debts.Business insolvency is defined in two different ways:...
of Railtrack and, as a result, the company being 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, everything was ready. Transport Secretary Stephen ByersStephen 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...
called Winsor to a meeting to explain that the government regarded Railtrack as insolvent and that 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 could be on the precipice of insolvency, having just had a 50% increase in its allowed revenues in his October 2000 regulatory review, and that the company would not have said anything about its precarious position to its economic regulator who had the power to advance potentially billions of pounds to it in additional revenues. Asked by Winsor whether the chairman of Railtrack knew all this, Byers replied that John Robinson would be informed at a meeting immediately after Winsor's interview with the Secretary of State. Winsor told Byers that he would expect Railtrack, upon hearing this news, would immediately apply to him for the promised interim review. Byers replied that any such step would be met by the government introducing emergency legislation into Parliament to 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. Ministers had made up their minds.
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 be prepared to 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, and 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 administration - unopposed - the next day, 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 AfghanistanAfghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
- there followed a period of very considerable public and City criticism of what the government had done, with allegations of renationalisation by the back door and great turbulence in investor confidence, as Winsor had warned. The government strongly asserted that it had been justified in reacting as it had to a "failed privatisation" and a railway in crisis, and said firmly that there would be no compensation for investors. Immediately plans were made by Railtrack shareholders to sue the government for what they saw as the unlawful confiscation of their property. Because at that time Winsor's role in the affair was not yet known, there were suggestions that he too would be a defendant for having (as was thought) colluded with the government in bringing down Railtrack. Winsor maintained media silence on the whole 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, with the prime minister's official spokesman refusing to tell journalists whether the prime minister still had confidence in the rail regulator.
Winsor refused to resign, since, as he later explained, he had done nothing wrong. In the face of industry and financial markets pressure, the government withdrew their threatened legislation and instead announced that the regulatory regime for the railways would be reviewed. The independence and jurisdiction of the rail regulator was not altered during the remainder of Winsor's five-year term, although immediately afterwards - on 15 July 2004, the government announced a legislative intention to cut down the power of the rail regulator to advance additional money to Railtrack's successor - Network Rail
Network Rail
Network Rail is the government-created owner and operator of most of the rail infrastructure in Great Britain .; it is not responsible for railway infrastructure in Northern Ireland...
- at future regulatory reviews.
Byers' political problems intensify
The controversy of Railtrack's administration blazed on, and Stephen Byers' political problems intensified with other problems, including difficulties associated with the actions of his special adviser Jo MooreJo Moore
Jo Moore served as a British special adviser and press officer . She was embroiled in scandal while working as advisor to Stephen Byers, the Transport, Local Government and Regions Secretary....
who 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, and the controversial and mishandled departure of his press spokesman Martin Sixsmith
Martin Sixsmith
-Education:Sixsmith was born in Cheshire and educated at the Manchester Grammar School where he studied Russian to O-level, and subsequently A-level, then at Oxford, Harvard, the Sorbonne University in Paris, and in St. Petersburg , in Russia...
. 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 Darling
Alistair Maclean Darling is a Scottish Labour Party politician who has been a Member of Parliament since 1987, currently for Edinburgh South West. He served as the Chancellor of the Exchequer from 2007 to 2010...
MP. It fell to Darling to get Railtrack out of administration, a process which 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 that ending Railtrack's administration required the High Court to be satisfied that 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 that 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 that 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 that Railtrack was not insolvent because the regulatory review had been promised and could lead to substantially more money for the company. The High Court was satisfied with that explanation and discharged the railway administration order on 2 October 2002. Railtrack was immediately acquired by Network Rail
Network Rail
Network Rail is the government-created owner and operator of most of the rail infrastructure in Great Britain .; it is not responsible for railway infrastructure in Northern Ireland...
and renamed Network Rail Infrastructure Limited
Network Rail
Network Rail is the government-created owner and operator of most of the rail infrastructure in Great Britain .; it is not responsible for railway infrastructure in Northern Ireland...
on 3 February 2003
£22.2 billion settlement
Winsor's interim regulatory review lasted until 12 December 2003, when he 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 - notable the House of Commons Transport Select Committee under the chairmanship of Gwyneth Dunwoody
Gwyneth Dunwoody
Gwyneth Patricia Dunwoody was a British Labour Party politician, who was the Member of Parliament for Exeter from 1966 to 1970, and then for Crewe from 1974 to her death in 2008...
MP - for his power to increase public spending on the railways by such a large amount without Treasury approval. Winsor's reply was that that was his statutory remit and he would not be deterred by irrelevant political considerations in carrying it out.
End of term
Winsor left office on 4 July 2004, and returned to the private practice of law in London as a partner at global law firm White & CaseWhite & Case
White & Case was founded in New York in 1901 and has grown into one of the world's leading global law firms. The firm has since expanded, and has practice groups in emerging markets including Latin America, Central & Eastern Europe, Africa, the Middle East and Asia, as well as in Europe...
. His practice there has been divided equally between railway and regulatory work in the United Kingdom and in Europe, South East Asia and Africa.
Rail Regulator abolished
On 5 July 2004, the government brought into force the Railways and Transport Safety Act 2003Railways and Transport Safety Act 2003
The Railways and Transport Safety Act 2003 is an Act of the United Kingdom Parliament-Purposes of the Act:The purposes of the Act include:-*the creation of the Rail Accident Investigation Branch...
, which 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
Office of Rail Regulation
The Office of Rail Regulation is a statutory board which is the combined economic and safety regulatory authority for Great Britain's railway network. It was established on 5 July 2004 by the Railways and Transport Safety Act 2003, replacing the Rail Regulator...
. This change was made in line with the Labour government's policy of establishing regulatory boards to take the place of single regulators, and railways was 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 that 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 eleven members.
Controversy and court
Winsor was a witness in the legal action - heard in the High Court in London in June and July 2005 - brought by 49,500 private shareholders of Railtrack against the Secretary of State for Transport for misfeasance in public office. Not all aspects of the administration of Railtrack were aired in that case, and 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.Those criticisms were made by shadow transport secretary Alan Duncan
Alan Duncan
Alan James Carter Duncan is a British Conservative Party politician. He is the Member of Parliament for Rutland and Melton, and a Minister of State in the Department for International Development....
MP and Kenneth Clarke
Kenneth Clarke
Kenneth Harry "Ken" Clarke, QC, MP is a British Conservative politician, currently Member of Parliament for Rushcliffe, Lord Chancellor and Secretary of State for Justice. He was first elected to Parliament in 1970; and appointed a minister in Edward Heath's government, in 1972, and is one of...
QC MP, and were defended by transport secretary Alistair Darling
Alistair Darling
Alistair Maclean Darling is a Scottish Labour Party politician who has been a Member of Parliament since 1987, currently for Edinburgh South West. He served as the Chancellor of the Exchequer from 2007 to 2010...
MP and 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...
MP. Darling was later severely criticised for having that day tabled a motion in the House of Commons expressly congratulating the Government on the threats it had made to the independence and jurisdiction of the Rail Regulator in October 2001, despite Darling's own formal statements to Parliament between June 2002 and February 2004 that independent economic regulation of the railways was essential for the continuation of private investment in the industry, and effectively would and should be inviolate.
In 2006 two of Winsor's policies established whilst he was Rail Regulator - on 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) - were challenged in the High Court in London. The case was a judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
brought by Great North Eastern Railway
Great North Eastern Railway
Great North Eastern Railway was a British train operating company, owned by Sea Containers Ltd. It operated high-speed express train services on the East Coast Main Line from 1996 until 9 December 2007 when the franchise was taken over by National Express East Coast.GNER's primary service routes...
Company Ltd against the Office of Rail Regulation
Office of Rail Regulation
The Office of Rail Regulation is a statutory board which is the combined economic and safety regulatory authority for Great Britain's railway network. It was established on 5 July 2004 by the Railways and Transport Safety Act 2003, replacing the Rail Regulator...
. Two open access operators were joined in the case as interested third parties, one of which - Grand Central Railway Company Ltd - was a client of White & Case. Winsor therefore both represented his client and gave evidence in the case as a witness. The defence of the case was successful.
Review of police officers' & staff pay and conditions
On 1 October 2010, the UK Home SecretaryHome Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Theresa May
Theresa May
Theresa Mary May is a British Conservative politician who is Home Secretary in the Conservative – Liberal Democrat Coalition government. She was elected to Parliament in 1997 as the Member of Parliament for Maidenhead, and served as the Chairman of the Conservative Party, 2003–04...
MP, announced that Winsor was to carry out the most comprehensive review of police pay and conditions in more than 30 years to improve service for the public and maximise value for money.
The independent study was tasked with making recommendations to bring modern management practices into policing and increase operational flexibility for the country’s 43 territorial police forces. The last time that such a review was implemented in full was the report by Lord Edmund-Davies in 1978.
In carrying out the review, Winsor has been supported by professional advice from former West Midlands Chief Constable Sir Edward Crew and Professor Richard Disney of the University of Nottingham, a leading labour market economist.
The review is required to report to the Home Secretary in two parts: the first on short-term improvements to the police service in February 2011, and the second on matters of longer-term reform in June 2011.
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 frontline 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.
The first part report was published by the Home Office on 8 March 2011. See: www.review.police.uk
Broadly, it recommends savings of £1.1 billion from the police pay bill over three years September 2011 - September 2014, with £485 million going to the taxpayer and £625 million being redirected to front-line policing, to reward police officers doing the hardest and most dangerous duties and those who have and use the highest professional skills, in areas such as firearms, investigation (detectives), neighbourhood policing and public order.
The Association of Chief Police Officers welcomed the Part 1 report and said that it hopes it will lay lasting foundations for the police service. The Police Federation has said that it will oppose the proposals as an unprecedented attack on police pay and conditions. Media reaction to the review was almost unanimously supportive, however following the riots of August 2011 across the country, many changed position to reflect the growing public opinion against the proposals that are now seen to be unfair in view of the dangerous and demanding role of the Police officer.
The next step is for the Government to state its reaction to the report, and then for the Home Secretary to direct the Police Negotiating Board (PNB) to engage on those of Winsor's recommendations which she supports and specifies. If the PNB fails to reach agreement within a time specified by the Home Secretary, the matter will be referred to the Police Arbitration Tribunal. The PAT's determination has the status of an agreement at PNB, and the issue then returns to the Home Secretary to make a determination. Depending on which of the review's recommendations she accepts, the Home Secretary may also need to make amendments to the Police Regulations 2003.
These steps need to be completed by September 2011, so that there is a new pay settlement to replace the present three-year pay settlement which expires then.
Winsor and his team have now embarked upon Part 2 of the review.