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In 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, in private, the government sought an exit, and public opinion had changed dramatically.

An Escalating Danger to Lives

The well-being of the activists linked to Palestine Action 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 – died 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 likewise received medical care. Three more have abstained from eating for more than 40 days and one other, who has diabetes, is eating only every other day. A further two have now ended their protest, one after being hospitalized.

The Circumstances 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, and in relation to an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison before trial – much longer the usual six-month limit. Some may not be face trial until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the proscription on Palestine Action.

Ministers should rethink 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 glaring disparity between the government’s draconian zeal in this regard and its lack of action and apparent indifference when faced with the loss of life 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 banning orders should be subject to time limits. The government should not await for a judicial ruling; it should reverse its decision now.

The Pressing Matter of Pre-Trial Detention

With greater immediacy, it should tackle 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 this long for trial. Extended stays on remand cannot be justified, apart from in the most extraordinarily grave cases. Legal representatives have noted that defendants could be tagged while awaiting trial.

Official Complacency 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 establishing a precedent. But it should not simply ignore this in the expectation that it will go away. 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 worryingly unconcerned, given the prisoners’ rapidly deteriorating health.