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In 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, in private, the government was looking for an exit, and public opinion had changed dramatically.

An Escalating Danger to Lives

The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing 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.) 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. 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, a single protester after hospitalisation.

The Context of Detention

The prisoners are variously on remand for alleged criminal damage, serious burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison before trial – much longer the usual six-month limit. Some may not be face trial until 2027. Demands include immediate bail, lifting limits on their communications and revoking the proscription on Palestine Action.

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

A Glaring Disparity 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 during a conflict in Gaza. More than 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 contended that proscription orders ought to have time limits. The government should not await for a judicial ruling; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

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. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.

Official Complacency and An Appeal for Dialogue

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 go away. 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 address the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.