25 September 2023

Question posed by Maxime Miltgen

During a press conference on 30 August 2023, the College of Aldermen announced that four City-owned plots of land would be made available to residents for the development of participatory housing projects. The specifications stipulate two options: through an emphyteutic lease or through the purchase of full ownership, with the City being entitled to a right first refusal for 30 years.

Why is the City stipulating an option to purchase full ownership of land that belongs to the public sector, and therefore ultimately to municipal taxpayers, even though the housing crisis and shortage of affordable housing have spurred a national political desire to finally increase the stock of publicly owned housing? Why is the City's right of first refusal, as stipulated in the specifications, valid for only 30 years? Wouldn't it be preferable to stipulate only the option of an emphyteutic lease or, if absolutely necessary, to stipulate a longer period for the right of first refusal in the event of a sale, in order to avoid any speculation on the free market?

Response provided by Mayor Lydie Polfer

This is the second project of this type. The terms and conditions have not changed. The College of Aldermen wishes to create a good mix of housing options by offering social housing, affordable housing and accommodations that can be purchased for full ownership. The 30-year period was set on the basis of the fact that people's family situations can change significantly over the course of three decades, and that purchases for speculation can be ruled out. The option given to residents to purchase plots of land for full ownership at a reasonable price so they can develop a participatory housing project is a wise initiative, given the current state of the real estate market, seeing that many people are unable to purchase housing because prices are so high.

Urgent question posed by Christa Brömmel

On 14 September 2023, the daily press described an incident of upskirting in a City foyer scolaire (childcare centre) that was reported by an educator. Upskirting is when someone films or takes photos in order to see another person's private parts or underwear without their knowledge. Since 9 March 2021, there has been a law that punishes upskirting with a fine of up to €30,000 and imprisonment for two months to two years. We need to wait for the results of the investigation to find out specific details about this incident, but I have some questions I would like to ask now.

How many people were hired on a temporary basis for the summer 2023 school holidays? What were their positions and qualifications? Does the procedure for hiring staff for the crèches and foyers scolaires stipulate a mandatory check of applicants' moral character?

The law of 23 July 2016 states that anyone applying for a job working with minors – in the crèches, foyers scolaires, youth centres, etc. – must submit record no. 5 from the criminal record to the municipality where they are applying for the job. This record includes, as applicable, convictions for acts committed against minors or involving a minor, where such acts constitute an offence or increase the penalties for such an offence. In this case, was record no. 5 requested and checked by the City's Direction Ressources humaines (Human Resources Directorate – DRH)? What other procedures and approaches are recommended, as part of a child-protection policy, in the City's childcare facilities – namely, crèches and foyers scolaires – to reduce the risk of abuse? Are the "four-eyes" and "open-door" principles, which prevent situations where a child will be alone with an educator, part of this policy?

Response provided by Alderman Paul Galles

You are correct in that we must wait for the results of the investigation to learn the full details of this incident. The accused person is not a City employee, but a student.

In general, there are two ways students can apply for jobs. Unsolicited applications are usually submitted at the beginning of the year. In addition, students can apply in response to a call for applications, such as for "Aktioun Bambësch" and the "SDS-Sportwochen". Students falling into this second category have a Youth Coordinator certificate.

For the 2023 school holidays, the City signed 669 student contracts, of which 453 were unsolicited applications for positions in the different municipal departments, 106 for the summer activities organised by the Service Sports (Sports Department), and 110 for "Aktioun Bambësch". Up until now, students applying for traditional student jobs in the different municipal departments have been required to submit only a school enrolment certificate, and to have a certain level of proficiency in languages. A criminal record extract was not required for these unsolicited applications.

For students assigned to the foyers scolaires, the DRH makes sure they have a Level A Youth Coordinator Assistant certificate. For "Aktioun Bambësch", interested pupils and students must have a Level B Youth Coordinator certificate, or they may sign up for the training course organised by the Centre d'animation pédagogique et de loisirs (Learning and Leisure Centre – CAPEL) to earn it. For the Service Sports's summer activities, applicants must have a Level B or C Youth Coordinator certificate and submit a criminal record extract (records 3, 4 and 5). The applicants' moral character is checked based on the documents submitted.

In the wake of this incident, the College of Aldermen decided that from now on all students will need to submit record no. 5 from the criminal record. The College of Aldermen is determined to prevent any potential risks. There are standardised procedures in all the foyers scolaires, not only for dealing with serious incidents such as the one we are discussing now, but also for other categories of incidents, such as when a child falls ill or has an allergic reaction.

Staff must still submit an extract from the criminal record. In theory, groups of children are looked after by two people, which corresponds to the "four-eyes principle" that Councillor Brömmel mentioned.

There is a zero-tolerance policy regarding physical and psychological abuse, which include all forms of sexual abuse. This topic is regularly discussed at meetings of foyer scolaire directors. Staff are required to tell the department management if they witness any staff members behaving abnormally. Children's rights are displayed in the facilities and discussed regularly with the children.

There is intensive communication between parents and directors on tailored plans for looking after children, for example, if children must be escorted to the toilet. The assistance given in such a situation is discussed in detail with parents. Support is provided either by two adults at a time, or by adults taking turns, in order to reduce the risks of abuse.

A decision was made to analyse whether the existing procedures meet all the criteria of child-protection policy. The questions that arise in this context will also be discussed in depth with international experts during a major conference to be held in Luxembourg in October 2023.

Question posed by Christa Brömmel

If I have understood you correctly, students hired through a call for applications do not yet need to submit a criminal record, even if they are working with children, and the College of Aldermen intends to remedy this situation. Will all students now be required to submit a criminal record, or only those who work with children?

Response provided by Alderman Paul Galles

All students who work with children will now be required to submit a criminal record extract. The College of Aldermen will conduct an analysis to determine whether this requirement should be broadened to cover all students who work for the municipality.