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During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, calling for the return of their special category status. Ten would die; extraordinarily, 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, in private, the government sought an exit, and public opinion had shifted significantly.

An Escalating Danger to Lives

The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Recently, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed 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 also been treated. 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 now ended their protest, one after being hospitalized.

The Circumstances of Imprisonment

The prisoners are variously on remand for reported criminal damage, serious burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, 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. Several may not be tried until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and ending the proscription on Palestine Action.

Ministers should rethink proscription not because of this hunger strike, but because it was an disproportionate and repressive measure.

A Glaring Disparity in Official Reaction

There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action and apparent indifference when faced with the loss of life of tens of thousands in a war in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the three months following the ban’s introduction. Independent reviewers of terrorism laws have contended that banning orders ought to have time limits. The government should not await for a judicial ruling; it should change its mind now.

The Urgent Issue of Remand

More urgently, it should address the issue of remand. Failures of the legal and prison systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be tagged while awaiting trial.

Government Inaction and A Call to Engage

Authorities have stated 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 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 cursory. The government must address the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.