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In 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, demanding the restoration 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. But by the end, behind the scenes, the government was looking for an exit, and the public mood had changed dramatically.

An Escalating Danger to Lives

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

The Context of Imprisonment

The prisoners are being held for alleged criminal damage, aggravated burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, 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 prompt release on bail, stopping restrictions on their communications and ending 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 striking contrast between the government’s draconian zeal in this regard and its inaction and apparent indifference when faced with the loss of life of tens of thousands in a war in Gaza. More than 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 judicial ruling; it should reverse its decision 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. Extended stays on remand cannot be justified, apart from in the most exceptionally serious cases. Lawyers have noted that defendants could be electronically monitored while awaiting trial.

Official Complacency and An Appeal for Dialogue

Authorities have stated that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of setting precedents. But it should not simply ignore 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 engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.