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During 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, was voted in as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an exit, and public opinion had shifted significantly.

An Escalating Danger to Health

The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Recently, two marked 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. Three more have abstained from eating for more than 40 days and one other, 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 Imprisonment

The prisoners are being held for alleged vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – much longer the standard custody limit. Several may not be face trial until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the ban on Palestine Action.

The government ought to reconsider the banning order not because of this hunger strike, but because it was an illiberal overreaction.

A Glaring Disparity in Official Reaction

There is a striking contrast 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. Over 1,600 arrests associated with support for Palestine Action were made in the three months following the ban’s introduction. Expert assessors of terrorism laws have contended that banning orders ought to have time limits. The government does not need to wait for a high court judge; it should reverse its decision now.

The Urgent Issue of Pre-Trial Detention

More urgently, it should address the issue of remand. Shortcomings of the legal and prison systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait this long for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.

Official Complacency and A Call to Engage

Ministers have said that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is understandably wary of setting precedents. But it should not simply ignore this in the hope that it will fade. Last week, 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. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.