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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 special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, in private, the government sought an exit, and public opinion had shifted significantly.

A Growing Risk to Lives

The well-being of the Palestine Action-affiliated remand prisoners currently refusing food are at growing risk. Last Friday, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist 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 abstained from eating for more than 40 days and another, who has diabetes, is eating only every other day. A further two have since called off their protest, one after hospitalisation.

The Context of Detention

The prisoners are variously on remand for reported criminal damage, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an reported intrusion 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. Their requests consist of prompt release on bail, lifting limits on their communications and revoking the ban on Palestine Action.

The government ought to reconsider proscription not due to this hunger strike, but because it was an illiberal overreaction.

A Striking Contrast 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 deaths of tens of thousands in a war in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the three months following the ban’s introduction. Independent reviewers of terrorism laws have contended that proscription orders should be subject to 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 tackle the issue of remand. Failures of the justice and penal 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, except for in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be electronically monitored while waiting for their court date.

Official Complacency and An Appeal for Dialogue

Ministers have said that prisons handle around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of establishing a precedent. 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 dangerously complacent, given the prisoners’ sharply declining health.