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During 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher took a hardline public stance. However, ultimately, in private, the government sought an resolution, and the public mood had changed dramatically.

A Growing Risk to Lives

The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Last Friday, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have refused food for more than 40 days and another, who has diabetes, is eating only every other day. Two others have now ended their protest, one after being hospitalized.

The Circumstances of Detention

The prisoners are variously on remand for reported vandalism, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – far exceeding the usual six-month limit. Several may not be tried until 2027. Demands include immediate bail, lifting limits on their communications and ending the ban on Palestine Action.

The government ought to reconsider the banning order not because of this hunger strike, but because it was an disproportionate and repressive measure.

A Glaring Disparity in Official Reaction

There is a striking contrast between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the loss of life of tens of thousands during a conflict in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have argued that proscription orders should be subject to time limits. The government does not need to wait for a judicial ruling; it should change its mind now.

The Urgent Issue of Remand

More urgently, it should address the issue of remand. Shortcomings of the legal and prison systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, apart from in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be tagged while awaiting trial.

Government Inaction and An Appeal for Dialogue

Ministers have said that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of setting precedents. But it should not simply ignore this in the hope that it will fade. Recently, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.