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In 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister took a hardline public stance. However, ultimately, in private, the government sought an exit, and the public mood had changed dramatically.

A Growing Risk to Health

The lives of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at growing risk. Last Friday, two marked day 48 without food. (By comparison, 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 was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three have refused food 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, one after hospitalisation.

The Circumstances of Imprisonment

The prisoners are being held for reported vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an reported intrusion at RAF Brize Norton. Each has already 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. Demands include 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 Striking Contrast in Official Reaction

There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action and seeming apathy when faced with the loss of life of tens of thousands during a conflict in Gaza. Over 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers 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 Pressing Matter of Pre-Trial Detention

More urgently, it should tackle the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait this long for trial. Such lengthy periods on remand are indefensible, apart from in the most exceptionally serious cases. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.

Official Complacency and A Call to Engage

Ministers have said that prisons see 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 expectation that it will go away. Last week, 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 examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.