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In 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, calling for the return of their political status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, had been elected as an MP by the time of his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government sought an resolution, and the public mood had shifted significantly.

A Growing Risk to Lives

The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Recently, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist Qesser Zuhrah has been admitted 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, is eating only every other day. Two others have since called off their protest, a single protester after being hospitalized.

The Context of Imprisonment

The prisoners are being held for alleged 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. 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 tried until 2027. Demands include prompt release on bail, lifting limits on their communications and revoking the ban on Palestine Action.

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

A Striking Contrast in Official Reaction

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. Over 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 high court judge; it should reverse its decision now.

The Urgent Issue of Pre-Trial Detention

With greater immediacy, it should address the issue of remand. Shortcomings 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 are indefensible, except for in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be electronically monitored 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 “very experienced” with them. The government is understandably wary of setting precedents. But it should not simply ignore 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 perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.