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During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, calling for the return of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, in private, the government sought an resolution, and the public mood had changed dramatically.

A Growing Risk to Lives

The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Recently, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed 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 also been treated. Another three have refused food 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 being hospitalized.

The Circumstances of Imprisonment

The prisoners are variously on remand for alleged vandalism, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison before trial – far exceeding the usual six-month limit. Some 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.

The government ought to reconsider the banning order not due to 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 draconian zeal 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 associated with support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have argued that proscription orders ought to have time limits. The government does not need to wait for a judicial ruling; it should reverse its decision now.

The Pressing Matter of Remand

With greater immediacy, it should address the issue of remand. Failures 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, except for in the most exceptionally serious cases. Legal representatives have noted that defendants could be tagged while waiting for their court date.

Government Inaction and An Appeal for Dialogue

Ministers have said 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 ignore 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 “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 dangerously complacent, given the prisoners’ sharply declining health.