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During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, calling for the return of their special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister took a hardline public stance. But by the end, in private, the government sought an resolution, and public opinion had shifted significantly.

An Escalating Danger to Lives

The well-being of the activists linked to Palestine Action remand prisoners currently refusing food are at increasing risk. Last Friday, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist Qesser Zuhrah is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have refused food for more than 40 days and one other, who has diabetes, consumes food only every other day. A further two have now ended their protest, one after hospitalisation.

The Context of Imprisonment

The prisoners are being held for reported criminal damage, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – much longer the usual six-month limit. Some may not be tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the ban on Palestine Action.

Ministers should rethink the banning order not due to this hunger strike, but because it was an illiberal overreaction.

A Striking Contrast in Government Response

There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the deaths of tens of thousands in a war 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 banning orders ought to have time limits. The government does not need to wait for a judicial ruling; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

With greater immediacy, it should tackle the issue of remand. Shortcomings of the justice and penal systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be tagged while waiting for their court date.

Official Complacency and An Appeal for Dialogue

Ministers have said that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of setting precedents. But it should not simply ignore this in the hope that it will go away. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.