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During 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. But by the end, behind the scenes, the government was looking for an resolution, and public opinion had changed dramatically.

A Growing Risk to Lives

The well-being of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked 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 was said to have 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, is eating only every other day. Two others have since called off their protest, one after hospitalisation.

The Circumstances of Imprisonment

The prisoners are being held for alleged vandalism, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – far exceeding the usual six-month limit. Several may not be face trial 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 because of 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 lack of action and seeming apathy when faced with the deaths of tens of thousands during a conflict in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the three months following the ban’s introduction. Independent reviewers of terrorism laws have argued that banning orders should be subject to time limits. The government does not need to wait for a high court judge; it should reverse its decision now.

The Urgent Issue of Remand

With greater immediacy, it should tackle the issue of remand. Failures of the legal and prison systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, except for in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.

Official Complacency and A Call to Engage

Authorities have stated that prisons handle 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 disregard 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 “totally unacceptable”. When asked about 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 dangerously complacent, given the prisoners’ sharply declining health.