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During 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government sought an exit, and the public mood had shifted significantly.

An Escalating Danger to Lives

The lives of the Palestine Action-affiliated remand prisoners now on hunger strike are at growing risk. Recently, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) The young activist Qesser Zuhrah is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three have abstained from eating for more than 40 days and another, who has diabetes, consumes food only every other day. Two others have since called off their protest, one after being hospitalized.

The Circumstances 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 reported intrusion 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. Several may not be tried until 2027. Demands include immediate bail, lifting limits on their communications and revoking the ban on Palestine Action.

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

A Striking Contrast in Official Reaction

There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and seeming apathy when faced with the loss of life of tens of thousands during a conflict in Gaza. Over 1,600 arrests associated with support for Palestine Action were made in the three months 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 change its mind now.

The Pressing Matter of Pre-Trial Detention

More urgently, it should address the issue of remand. Failures of the justice and penal systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait this long for trial. Extended stays on remand are indefensible, apart from in the most extraordinarily grave cases. Legal representatives have pointed out 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 understandably wary of establishing a precedent. But it should not simply disregard this in the hope that it will fade. Last week, 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 perfunctory. The government must address the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.