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In 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; extraordinarily, 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. However, ultimately, in private, the government sought an exit, and the public mood had shifted significantly.

An Escalating Danger to Lives

The lives of the activists linked to Palestine Action remand prisoners now on hunger strike are at increasing risk. Recently, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died 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 likewise received medical care. Three more have abstained from eating for more than 40 days and one other, who has diabetes, consumes food only every other day. A further two have since called off their protest, a single protester after being hospitalized.

The Circumstances of Detention

The prisoners are being held for reported criminal damage, aggravated 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 before trial – far exceeding the usual six-month limit. Several may not be tried until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and revoking the ban on Palestine Action.

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

A Glaring Disparity in Government Response

There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action 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. Expert assessors of terrorism laws have contended that proscription orders should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

More urgently, it should address the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, apart from in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.

Official Complacency and A Call to Engage

Authorities have stated that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is understandably wary of establishing a precedent. But it should not simply ignore this in the expectation that it will go away. Recently, the failure of the Justice Secretary to reply to MPs’ requests for information was described as “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.