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During 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. However, ultimately, behind the scenes, the government was looking for an exit, and public opinion had shifted significantly.

A Growing Risk to Lives

The well-being of the activists linked to Palestine Action remand prisoners currently refusing food are at growing risk. Last Friday, two marked day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) The young activist Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have abstained from eating for more than 40 days and one other, who has diabetes, consumes food only every other day. A further two have since called off their protest, a single protester after hospitalisation.

The Context of Imprisonment

The prisoners are being held for reported vandalism, 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. All will have spent more than a year in prison prior to their day in court – much longer 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 ending the proscription 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 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 in a war in Gaza. Over 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have contended that proscription orders should be subject to time limits. The government should not await for a high court judge; it should change its mind now.

The Urgent Issue of Remand

More urgently, it should tackle the issue of remand. Shortcomings of the legal and prison systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait this long for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be tagged while awaiting trial.

Official Complacency and An Appeal for Dialogue

Ministers have said that prisons handle around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of setting precedents. 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 perfunctory. The government must address the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.