§ Lords Moynihanasked Her Majesty's Government:
Whether they intend to issue a code of practice for independent schools covering the exchange of commercially sensitive information; and [HL225]
Whether they will define "commercially sensitive information" in the context of independent schools determining their own competitive strategies; and [HL226]
Whether they will privide guidance to independent schools as to how such schools can participate in formal meetings of professional bodies trade associations and discuss staff salaries without infringing the risk of exchanging commercially sensitive information regarding salary levels in other schools. [HL227]
108WA
§ The Parliamentary Under-Secretary of State Department for Education and Skills (Baroness Ashton of Upholland)The Office of Fair Trading (OFT) is the body that investigates compliance with the Competition Act 1998. It has no plans to issue a code of practice for independent schools covering the exchange of commercially sensitive information.
The OFT provides informaton about commercially sensitive information and other aspects of competition law on its website www.oft.gov.uk.
On 19 November 2003 the OFT provided the Independent Schools Council (ISC) with general guidance and offered to provide more specific guidance on the Act if it was needed. The OFT also indicated that if its member schools were to comply with the ISC's proposed code of practice (based on one drawn up by a member school), it was unlikely to infringe the Act in respect of the points covered by the code. We understand that the ISC wrote to all its member schools in early December drawing their attention to the code.