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In 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten would die; 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 shifted significantly.

A Growing Risk to Lives

The well-being of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at increasing risk. Last Friday, two reached day 48 without sustenance. (By comparison, 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. Another three have refused food for more than 40 days and another, who has diabetes, is eating only every other day. Two others have since called off their protest, one after being hospitalized.

The Circumstances of Detention

The prisoners are variously on remand for alleged vandalism, serious burglary and public 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. Several may not be face trial until 2027. Their requests consist of 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 glaring disparity between the government’s severe enthusiasm in this regard and its inaction and seeming apathy when faced with the deaths of tens of thousands during a conflict in Gaza. Over 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have contended that banning orders should be subject to time limits. The government should not await for a judicial ruling; it should reverse its decision now.

The Urgent Issue of Remand

With greater immediacy, it should address the issue of remand. Failures of the legal and prison 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, apart from 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 understandably wary of setting precedents. 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 “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.