29 January 2024

Question posed by Maxime Miltgen

As part of the debate on the prohibition of begging in the city, many articles have been published and many people have taken a stance on this prohibition. On this topic, Mayor Polfer, you have always stressed to the press and the Municipal Council that the prohibition of begging targeted only organised or aggressive begging. For example, you said in a recent interview with RTL: "Begging, but as we already explained clearly in March, especially organised begging, which is often aggressive, to put an end to it once and for all." In response to the question, "How do you define aggressive begging?" you said, "It's when someone chases you, when they pull on your arm, when they make advances towards you because you aren't giving them anything, when they're truly aggressive, either physically or verbally."

However, two days after the prohibition of begging took effect, the press reported that as part of its information campaign, the police was explaining these new rules to beggars over the past 2 days. These homeless people were told that after an adjustment period, it would be prohibited for anyone to place a cup or a box on the ground to collect money. Anyone breaking this rule would be taken to the police office. The homeless population are anxious, because nobody knows that is going to happen after 1 January, i.e., after this adjustment period.

Article 42 of the General Regulations on Public Order and Safety (Règlement général de police) stipulates the prohibition of begging in all its forms at certain times and locations, and as part of its communication initiative, the police allegedly explained to beggars that it would be forbidden for anyone to have a cup or box on the ground in front of them to collect money. However, the CSV-DP College of Aldermen asserted that the prohibition did not target all beggars, but rather only aggressive begging. To clarify this inconsistency and have legal certainty in the enforcement of the prohibition, I would like to ask: Who exactly does this prohibition apply to? Will punishment also be applied to someone who is sitting on the ground with a cup or box in front of them and collecting money without bothering anyone?

Response provided by Mayor Lydie Polfer

I suggest that we address this question when we discuss item X of the agenda [of the Municipal Council meeting of 29 January 2024], on the motion tabled by the Déi Gréng, LSAP, Déi Lénk and Piraten political groups to delete Article 42 – on the prohibition of "all other forms of begging" – from the City of Luxembourg's General Regulations on Public Order and Safety.

Question posed by Colette Mart

The public debate on prohibiting begging in certain places and at certain times in Luxembourg City has generated a series of press reports bringing to light the misery that afflicts homeless people and beggars. Homelessness often stems from long, sad stories, difficult family situations, a lack of protection by the family, experiences of violence, abuse or alcoholism, or bad luck, such as divorce, accident or disability. The plight of homeless people is currently being exacerbated by the winter temperatures, which endanger their health and even expose them to the risk of dying from the cold. The City must do its part to help these people find shelter for the night, get something to eat and receive mental health support.

• Does the City plan to quickly set up temporary facilities in the city centre – such as containers or tents – that can be used as shelters for impoverished people in the dead of winter?
• Wouldn't it be advisable to consider – as part of the "Wanteraktioun", for example – altering the concept of large dormitories? These dormitories do not provide clients with the security they need. Arguments between clients break out, personal belongings get stolen, and clients are forced to be in close quarters with drug addicts, alcoholics, and dirty or ill people. In the medium term, we should consider setting up small night shelters that offer each client a bit of privacy.
• What resources is the City currently mobilising to support homeless women? Is the City considering additional measures, given the rising number of female beggars in the streets?
• Being homeless is a major hurdle to social reintegration and access to social rights. Couldn't an address and post box be assigned to homeless people staying in the night shelters?
• Is the City considering other measures this winter, such as an even more targeted information campaign aimed at homeless people, publicising the existing aid services?
• Could the City's Service Hygiène (Sanitation Department) help shop owners whose entrances are regularly occupied overnight by homeless people, who leave filth behind?
• Could the City install public toilets on certain streets in Ville Haute and the Gare district as a way of tackling the unhygienic conditions?

I would also suggest that we install lockers where homeless people could store their personal belongings so they do not end up on the pavement.

Response provided by Alderwoman Corinne Cahen

I would like to thank Councillor Mart for placing the topic of homelessness in a broader context, and for explaining the many reasons why someone could end up on the streets.

We need to help the homeless without judging them if they do not accept the help offered to them the first time. The street workers who are in the field as part of projects set up by the City or the Ministry for Family Affairs (Ministère de la Famille) have shown infinite patience. Even if it is the 20^th or 30^th time, they will ask homeless people if they need help, or if they at least want coffee or soup. Sometimes homeless people will eventually accept the help offered, whether it is after weeks, months or even years.

The City is constantly on the lookout for locations for modular buildings. Tents are not suited for the winter cold. There are a number of facilities in Luxembourg City where homeless people can spend the night. The City and the association Inter-Actions also provide eight real beds in a specially configured truck.

I don't think that the Wanteraktioun, which is run by the Ministry for Family Affairs, needs to change its concept. In the 10 years before 2023, around 120 people at most took advantage of the Wanteraktioun. This has changed since 2023: there are now many more clients. The Wanteraktioun offers lockers where homeless people can store their personal belongings. I understand why some people do not want to use this service, because there are sometimes unpleasant things in a dormitory, such as foul odours, noise, rows and so on. But we need to keep in mind that this is an emergency facility whose primary objective is to offer homeless people a warm bed for one night, several nights or a season. The original goal of this initiative was to prevent people from dying from the cold. There need to be both emergency shelters and accommodation facilities intended for extended stays. The City will continue its efforts to make this happen. The City is open to suggestions of suitable sites where modular buildings can be installed. Small facilities where clients can be alone and have some privacy also need to be set up. This is why we will be opening more so-called "housing first" facilities.

The situation is more specific for homeless women. There are many homeless women who we do not see in the streets, but who sleep in other places, such as a couch in someone else's home. Women often have their own methods for avoiding having to sleep outdoors, even if these methods are not necessarily the best. Homeless women are extremely vulnerable. It is therefore crucial to set up facilities intended specially for them.

Regarding the social rights of homeless people, the new law on social assistance says that the Office social can allow clients to declare it as their main residence. The associations that work in this field can also domicile them. This allows clients to apply for the social inclusion income (revenu d'inclusion sociale – REVIS) and get back on their feet. The goal is to escape the vicious cycle of no home, no job – no job, no home.

We will be working with the Ministry of Health (Ministère de la Santé) to explore the possibility of setting up a specific facility for homeless people with mental health or psychiatric problems.

We intend to provide homeless people not only with toilets, but also showers. It is important to feel clean, and this also makes integration into society easier. The City is looking for suitable sites in Ville Haute and the Gare district.

Question posed by Pascal Clement

My question is about the leaflet entitled "Limiting Begging", which was distributed in the capital in December 2023. Since we will be returning to the subject of Article 42 of the General Regulations on Public Order and Safety in agenda item X, I will limit myself to specific questions about the leaflet.

How many leaflets were printed and by whom? Who received these leaflets, and how many did they receive? What instructions were given to the recipients as to how the leaflets should be distributed and/or used? How much did this initiative cost?

The title "Limiting Begging" could, once again, give the impression that the intention is to only selectively combat aggressive or organised begging. However, the following text contradicts that, as it says: "Begging is also prohibited in public squares and parks, all playgrounds and in public car parks in Luxembourg City." Doesn't this sentence means the same thing as saying "All forms of begging are prohibited everywhere in Luxembourg City"?

Whenever they have taken a position, the Minister for Home Affairs and City officials have always stated that they do not want to target peaceful beggars – that is, those who are neither organised nor aggressive. However, the sentence "With this in mind, we ask that you refrain from giving money if you are solicited, so as to avoid supporting organised begging", combined with the fact that the leaflet provides no definition of "organised/aggressive begging" and "peaceful begging", or recommendations for differentiating between the two, seems to leave people with only one choice, i.e. to give nothing to beggars. Is this indeed the message you want to convey through this leaflet? Isn't this a restriction on personal freedom hidden behind innocuous language? If not, are you going to withdraw or review this leaflet in order to dispel any doubts and uncertainty?

Why didn't the Municipal Council receive a copy of the leaflet before it was distributed, or at least when it was distributed?

Were any complaints lodged in the meantime against the introduction of Article 42 of the General Regulations on Public Order and Safety?

Will the offences in Article 32 – "Prohibition on discarding in public spaces and thoroughfares any liquids or substances that could compromise safe passage or public health; prohibition on urinating, spitting or defecating in public spaces and thoroughfares" –, cited in this same leaflet, now be penalised as strictly?

Response provided by Mayor Lydie Polfer

The leaflet was printed internally by the City's Service Reprographie (Reprographics Department). It cost €1,153.62. Five hundred copies were printed. The leaflets are available at Luxembourg City Hall, in some shops – through the Luxembourg City Business Association (Union commerciale de la Ville de Luxembourg – UCVL) –, the Grand Ducal Police, and City street workers.

The leaflet was not shared with the Municipal Council because it is the College of Aldermen that exercises its executive powers in this area, insofar that it is they who inform the population about the decisions taken by the Municipal Council.

I am surprised to hear that people are saying that this brochure contains statements that go against human dignity. The wording is identical to that in the text used by the city of Dudelange. I am mentioning this particularly for the benefit of our Socialist colleagues, who had no objection to their counterparts in other municipalities doing exactly the same thing as us. The Dudelange leaflet says: "Dos and don'ts: Never encourage organised begging by giving money." The wording in the Luxembourg City leaflet is actually more sympathetic, as we stress that "it is natural to want to help people in need. To do so, you can reach out directly to the charities operating in Luxembourg that work to help people in distress. That way, you can be confident that people in need are getting long-term help to improve their living conditions. With this in mind, we ask that you refrain from giving money if you are solicited, so as to avoid supporting organised begging."

As for the question of whether the City has received any complaints, I can tell you that we received two reactions, which actually requested that the measures we have taken be extended. This extension was requested for Kirchberg – where begging is a problem in the large shopping centre – and for a clinic in the Gare district, where there is a problem of begging in Rue d'Anvers, near the entrance to the clinic.

I want to underscore that we are all on the same side, working towards the same goal: to stop organised and aggressive begging. We will return to the subject of begging in greater detail when we address the motion tabled by the Déi Gréng, LSAP, Déi Lénk and Piraten groups in item 10 of today's agenda.

Question posed by François Benoy

In response to the questions Councillor Clement asked at the Municipal Council meeting on 16 October 2023, on the exercise of new powers by the municipal officers in Luxembourg City, the College of Aldermen said that "83 of the 102 municipal officers will be afforded these new powers. The municipal officers who have been afforded these powers are currently being trained, and the course is expected to be completed by the end of 2023. So far, none of the municipal officers have satisfied the conditions listed in Article 15-1(bis) of the Code of Criminal Procedure (Code de procédure pénale). The municipal officers in question – ultimately, some 10 or so individuals – must have completed a specific course, passed the promotion exam, and been sworn in by a district-court magistrate."

In other municipalities, municipal officers are already enforcing the new penalties for minor offences. The police union is also asking the City of Luxembourg to provide municipal officers with more support.

In the meantime, can the City's municipal officers enforce the penalties for uncivil behaviour, in compliance with Article 3 of the law of 27 July 2022? If so, since when, and how many people does this apply to? If not, why not?

Why is it stipulated that only "some 10 or so" municipal officers are trained to satisfy the conditions listed in Article 15-1(bis) of the Code of Criminal Procedure?  Given the size of Luxembourg City and the numerous challenges that the city faces, does the College of Aldermen plan to increase this number? If so, by how much and by when? If not, why not?

Response provided by Mayor Lydie Polfer

The figure of "10 or so" municipal officers was not set by the College of Aldermen. Rather, this is the actual number of officers who satisfy the conditions stipulated by lawmakers to be able to exercise the new powers. The municipal officers must satisfy several conditions: they must have passed the promotion exam, completed training on booking the offences in question, and been sworn in by the Public Prosecutor's Office.

To date, 28 of the 78 municipal officers working in the City's Service Parking (Parking Department) have passed the promotion exam. So far, seven of those 28 people have completed the required special course. As of now, four of those seven eligible officers have responded to an internal summons to be sworn in by the Public Prosecutor's Office. No one is required to complete this training.

An outreach campaign will be launched after the Carnival holidays. The leaflet produced by the City on this topic will provide residents with information on the different offences that sworn municipal officers are empowered to book. Item 8 of the agenda of this meeting anticipates the adoption of several municipal regulations. Among other things, municipal officers who have completed the special course will be empowered to book offences related to these regulations.

Question posed by François Benoy

Am I right in assuming that the 78 municipal officers were at least invited by the College of Aldermen to take the special course? It would be important for the City to give new municipal officers who are hired in the future the opportunity to complete this training. I would also be grateful if new leaflets and other City publications could be shared with Municipal Councillors as a matter of course.

Response provided by Mayor Lydie Polfer

We will gladly send you copies of this leaflet. You have interpreted the situation correctly. We cannot force anyone. In the future, we will make sure to hire people who are willing to sit the promotion exam and complete the special course.

Question posed by Christa Brömmel

In late October 2023, the Ministry of the Environment, Climate and Biodiversity (Ministère de l'Environnement, du Climat et de la Biodiversité issued a call for projects entitled, "Méi Natur an eise Schoulhäf". This call for projects is meant to encourage initiatives to green and redevelop schoolyards. The objective is to depave sealed surfaces and replace them with grass, trees or shrubs, to combat extreme weather events such as droughts, heatwaves and flooding. Depending on the quality of the projects submitted, up to 90% of the costs could be subsidised by the Climate and Energy Fund.

• Does the College of Aldermen plan to respond to this call for projects? If so, which schools will be part of the project? If not, why not?
• In reference to the multiyear plan to renovate schoolyards and playgrounds, could the College of Aldermen provide more specific information on the schoolyard renovation projects that are planned in 2024 and 2025? What renovations are stipulated in the specifications?
• Will adaptation to climate change and citizen participation be part of these projects?

Response provided by Alderman Paul Galles

Greening schoolyards is important to the College of Aldermen, and we will be responding to this call for projects. However, we need to draw a distinction between the City's response to this call for projects and already-existing City projects to make schoolyards greener.

For example, in March 2023 the College of Aldermen voted to redevelop the schoolyard at the school in Rue Henri VII as part of the City's participation in the broader call for projects entitled, "Méi Natur an eise Stied an Dierfer". The corresponding project will be presented to the College of Aldermen in the near future.

The "Méi Natur an eise Schoulhäff" call for projects dates back to October 2023. The procedure stipulates participatory components from the start. The objectives include adapting to climate change, increasing biodiversity and improving quality of life, particularly for children.

Independently of these two calls for projects, the City is currently planning to depave schoolyards at six schools, namely the schools in Rue Henri VII, Rue Gellé (Cycle 1 schoolyard), Bisserweg, Rue de Neudorf (where work is already underway), Rue du Commerce and Rue de Muehlenbach (Cycle 1 courtyard).

Depaving entails greening. When planning projects, we need to take into account technical constraints – e.g. the public underground car park located under the schoolyard of the school in Rue du Commerce ) –, safety (e.g. the use of plants that will not be harmful in case they are ingested), and the upkeep required.

As an initial step, I called a meeting with all municipal departments that would potentially be involved in schoolyard redevelopment projects in order to determine their respective responsibilities. Many departments are involved, namely, the Service Enseignement (Education Department), the Direction de l'architecte (Architecture Directorate), the Service Architecte-Maintenance (Architecture and Maintenance Department), the Service Sports(Sports Department) (if the schoolyard in question is used to get to a sports facility or if it functions as a pitch), the Service Parcs (Parks Department), the Service Parking (Parking Department) (which is responsible for opening and closing the gates to the schoolyards), the Service Hygiène (Sanitation Department), the Environmental Officer, and the Service Voirie (Department of Streets).

In a second phase, another meeting will be held with the departments that are specifically involved in this call for tenders, in order to create a project to redevelop a schoolyard in this context.

Question posed by Tom Weidig

Does the City of Luxembourg own all of the land required to implement the project to build the foot and cycle bridge connecting Cents and Weimershof?

Response provided by Mayor Lydie Polfer

The answer is very simple: Yes.