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During 1981, IRA and other republican prisoners initiated 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 by the time of his death. The then-Prime Minister took a hardline public stance. However, ultimately, behind the scenes, the government was looking for an resolution, and the public mood had shifted significantly.

A Growing Risk to Health

The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Last Friday, 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. Three more have abstained from eating 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 Context of Imprisonment

The prisoners are variously on remand for alleged vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an reported intrusion at RAF Brize Norton. Each has already 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. Their requests consist of prompt release on bail, stopping restrictions on their communications and ending the proscription 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 Glaring Disparity in Government Response

There is a glaring disparity between the government’s severe enthusiasm in this regard and its lack of action and apparent indifference 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. Independent reviewers of terrorism laws have argued that proscription orders should be subject to time limits. The government should not await for a judicial ruling; it should change its mind now.

The Urgent Issue of Remand

With greater immediacy, it should tackle the issue of remand. Failures of the justice and penal 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 electronically monitored while waiting for their court date.

Government Inaction and An Appeal for Dialogue

Authorities have stated that prisons see around 200 hunger strikes a year and are “very experienced” 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. Recently, 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 address the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.