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In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, calling for the return of their political status. Ten would die; remarkably, their leader, Bobby Sands, had been elected as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, behind the scenes, the government was looking for an exit, and public opinion had shifted significantly.

An Escalating Danger to Health

The lives of the Palestine Action-affiliated remand prisoners 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 has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more 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 being hospitalized.

The Context of Detention

The prisoners are being held for reported 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. All will have spent more than a year in prison before trial – far exceeding the usual six-month limit. Several may not be face trial until 2027. Demands include prompt release on bail, stopping restrictions on their communications and revoking the proscription on Palestine Action.

Ministers should rethink the banning order not due to this hunger strike, but because it was an illiberal overreaction.

A Glaring Disparity in Government Response

There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and seeming apathy 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. Expert assessors of terrorism laws have contended that proscription orders should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

More urgently, 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 for such a duration for trial. Extended stays on remand are indefensible, apart from in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.

Government Inaction 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 establishing a precedent. But it should not simply ignore this in the expectation that it will fade. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.