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In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an resolution, and the public mood had shifted significantly.

A Growing Risk to Health

The well-being of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at increasing risk. Last Friday, two marked day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three 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 hospitalisation.

The Context of Detention

The prisoners are being held for reported criminal damage, serious burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – much longer the standard custody limit. Several may not be tried until 2027. Demands include prompt release on bail, stopping restrictions on their communications and revoking the ban on Palestine Action.

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

A Glaring Disparity in Official Reaction

There is a striking contrast between the government’s draconian zeal in this regard and its inaction and apparent indifference when faced with the deaths of tens of thousands in a war in Gaza. Over 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 contended that banning orders ought to have time limits. The government should not await for a high court judge; it should reverse its decision now.

The Pressing Matter of Pre-Trial Detention

More urgently, it should address the issue of remand. Failures 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 exceptionally serious cases. Legal representatives have pointed out that defendants could be electronically monitored while waiting for their court date.

Government Inaction and A Call to Engage

Authorities have stated that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is understandably wary of establishing a precedent. But it should not simply ignore this in the expectation that it will fade. Recently, 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 cursory. The government must engage with the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.