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In 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an exit, and the public mood had shifted significantly.

A Growing Risk to Lives

The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old 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 another, who has diabetes, is eating only every other day. Two others have now ended their protest, one after hospitalisation.

The Context of Imprisonment

The prisoners are variously on remand for reported criminal damage, aggravated burglary and violent 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. Some may not be tried until 2027. Demands include prompt release on bail, lifting limits on their communications and ending the ban on Palestine Action.

Ministers should rethink proscription not because of this hunger strike, but because it was an disproportionate and repressive measure.

A Striking Contrast 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 in a war in Gaza. Over 1,600 arrests associated with support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors 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 Pressing Matter of Remand

With greater immediacy, it should tackle the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand are indefensible, apart from in the most exceptionally serious cases. Legal representatives have noted that defendants could be electronically monitored while waiting for their court date.

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 understandably wary of setting precedents. But it should not simply disregard this in the expectation that it will go away. Last week, 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 perfunctory. The government must engage with the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.