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In 1981, IRA and other republican prisoners began 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 before his death. The then-Prime Minister took a hardline public stance. But by the end, behind the scenes, the government was looking for an exit, and public opinion had shifted significantly.

A Growing Risk to Lives

The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Recently, two marked day 48 without food. (For context, 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 likewise received medical care. Three more have abstained from eating for more than 40 days and another, who has diabetes, consumes food only every other day. A further two have since called off their protest, a single protester after hospitalisation.

The Circumstances of Detention

The prisoners are being held for reported vandalism, serious burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison before trial – much longer the standard custody limit. Some may not be face trial until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and ending the proscription on Palestine Action.

The government ought to reconsider 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 draconian zeal in this regard and its lack of action and apparent indifference when faced with the deaths of tens of thousands in a war in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have argued that proscription orders should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.

The Pressing Matter of Pre-Trial Detention

More urgently, 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 this long for trial. Such lengthy periods on remand are indefensible, except for in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.

Government Inaction and A Call to Engage

Ministers have said that prisons handle 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 expectation that it will go away. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When questioned on the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.