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During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, demanding the restoration of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher took a hardline public stance. However, ultimately, behind the scenes, the government sought an resolution, and public opinion had shifted significantly.

An Escalating Danger to Health

The lives of the activists linked to Palestine Action remand prisoners currently refusing food are at increasing risk. Last Friday, two marked day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly 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, is eating only every other day. A further two have since called off their protest, one after hospitalisation.

The Context of Detention

The prisoners are variously on remand for reported criminal damage, aggravated 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. Each has already spent more than a year in prison prior to their day in court – much longer the standard custody limit. Several may not be tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and ending the proscription on Palestine Action.

Ministers should rethink the banning order not due to 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 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. Over 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 banning orders should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

More urgently, it should address the issue of remand. Failures of the legal and prison 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 cannot be justified, except for in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be electronically monitored while awaiting trial.

Government Inaction and A Call to Engage

Ministers have said 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 ignore 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 perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.