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In 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher took a hardline public stance. However, ultimately, in private, the government sought an resolution, and the public mood had shifted significantly.

A Growing Risk to Health

The well-being of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at growing risk. Last Friday, two reached day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have abstained from eating for more than 40 days and one other, who has diabetes, is eating only every other day. Two others have now ended their protest, a single protester after hospitalisation.

The Context of Detention

The prisoners are being held for reported 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 before trial – far exceeding the usual six-month limit. Some may not be face trial until 2027. Their requests consist of prompt release on bail, stopping restrictions on their communications and ending the proscription on Palestine Action.

Ministers should rethink proscription not due to 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 lack of action and apparent indifference 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 quarter following the ban’s introduction. Expert assessors of terrorism laws have contended that banning orders should be subject to time limits. The government should not await for a high court judge; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

More urgently, it should tackle the issue of remand. Shortcomings of the legal and prison systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait this long for trial. Such lengthy periods on remand cannot be justified, apart from in the most extraordinarily grave cases. Legal representatives have noted 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 hope that it will go away. Recently, 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 address the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.