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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 special category status. Ten would die; extraordinarily, 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, in private, the government was looking for an resolution, and public opinion had changed dramatically.

An Escalating Danger to Health

The lives of the activists linked to Palestine Action remand prisoners currently refusing food are at increasing 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.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly 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. Two others have since called off their protest, a single protester after being hospitalized.

The Context of Detention

The prisoners are being held for alleged vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison before trial – much longer the usual six-month limit. Several may not be tried until 2027. Demands include immediate bail, stopping restrictions on their communications and ending 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 Striking Contrast in Government Response

There is a striking contrast between the government’s draconian zeal 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 linked to support for Palestine Action were made in the three months following the ban’s introduction. Expert assessors of terrorism laws have argued that proscription 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

With greater immediacy, it should tackle 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. Extended stays on remand are indefensible, apart from in the most exceptionally serious cases. Lawyers have noted that defendants could be tagged while awaiting trial.

Official Complacency 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 naturally cautious of establishing a precedent. But it should not simply ignore this in the expectation 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 questioned on the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.