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In 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, demanding the restoration of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister took a hardline public stance. However, ultimately, in private, the government was looking for an exit, and the public mood had changed dramatically.

A Growing Risk to Lives

The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Recently, two marked day 48 without food. (For context, 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 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. A further two have since called off their protest, one after being hospitalized.

The Circumstances of Imprisonment

The prisoners are being held for reported vandalism, serious 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. 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 immediate bail, stopping restrictions on their communications and ending the ban on Palestine Action.

The government ought to reconsider proscription not because of this hunger strike, but because it was an disproportionate and repressive measure.

A Glaring Disparity 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 linked to support for Palestine Action were made in the three months 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 reverse its decision now.

The Urgent Issue of Remand

More urgently, it should tackle the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times 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 extraordinarily grave cases. Legal representatives have pointed out that defendants could be electronically monitored while waiting for their court date.

Government Inaction and A Call to Engage

Ministers have said that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of establishing a precedent. But it should not simply disregard this in the hope that it will fade. Recently, 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 cursory. The government must engage with the issue and examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.