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During 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher took a hardline public stance. But by the end, behind the scenes, the government sought an exit, and public opinion had shifted significantly.

A Growing Risk to Lives

The lives 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.) The young activist 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. Another three have refused food for more than 40 days and one other, who has diabetes, is eating only every other day. A further two have now ended their protest, one after being hospitalized.

The Circumstances of Imprisonment

The prisoners are being held for reported vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, 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 tried until 2027. Demands include immediate bail, stopping restrictions 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 Glaring Disparity in Government Response

There is a glaring disparity between the government’s draconian zeal in this regard and its inaction and seeming apathy when faced with the loss of life of tens of thousands during a conflict in Gaza. More than 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 should be subject to time limits. The government does not need to wait for a judicial ruling; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

With greater immediacy, it should address 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 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 “totally unacceptable”. When asked about the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.