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During 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, calling for the return of their political 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 adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government sought an resolution, and public opinion had shifted significantly.

A Growing Risk to Lives

The lives of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at increasing risk. Last Friday, two marked day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed 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 also been treated. Three more have refused food 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 vandalism, aggravated 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. 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 tried until 2027. Demands include immediate bail, lifting limits on their communications and revoking the ban on Palestine Action.

The government ought to reconsider 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 striking contrast between the government’s draconian zeal in this regard and its lack of action and seeming apathy 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 three months following the ban’s introduction. Independent reviewers of terrorism laws have argued that proscription orders ought to have time limits. The government does not need to wait for a high court judge; it should reverse its decision now.

The Pressing Matter of Remand

More urgently, it should address 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 this long for trial. Extended stays on remand are indefensible, except for 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

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 ignore this in the expectation that it will fade. 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 cursory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.