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During 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, demanding the restoration of their political 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. However, ultimately, behind the scenes, the government sought an resolution, and the public mood had shifted significantly.

A Growing Risk to Health

The well-being of the Palestine Action-affiliated remand prisoners currently refusing food are at increasing risk. Recently, two reached day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted 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, is eating only every other day. A further two 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, 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 before trial – far exceeding the usual six-month limit. Some may not be tried until 2027. Demands include immediate bail, lifting limits on their communications and revoking the ban 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 seeming apathy when faced with the deaths 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 argued that proscription orders should be subject to time limits. The government should not await for a high court judge; it should change its mind now.

The Pressing Matter of Pre-Trial Detention

With greater immediacy, it should address the issue of remand. Failures of the legal and prison systems are leading to increasingly lengthy delays and substandard detention environments. 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 A Call to Engage

Ministers have said that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is understandably wary of setting precedents. But it should not simply disregard this in the hope that it will fade. 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 cursory. The government must address the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.