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During 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, in private, the government was looking for an resolution, and the public mood had changed dramatically.

An Escalating Danger to Lives

The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Recently, two reached day 48 without sustenance. (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 reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have refused food 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 being hospitalized.

The Context of Detention

The prisoners are variously on remand for reported vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – far exceeding the standard custody limit. Some may not be tried until 2027. Demands include immediate bail, lifting limits on their communications and ending the ban 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 striking contrast between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the loss of life 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 banning orders should be subject to time limits. The government does not need to wait for a judicial ruling; it should reverse its decision now.

The Urgent Issue of Remand

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 are indefensible, except for in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be tagged while awaiting trial.

Government Inaction and An Appeal for Dialogue

Authorities have stated that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of setting precedents. But it should not simply disregard this in the expectation that it will fade. 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 dangerously complacent, given the prisoners’ rapidly deteriorating health.