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During 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, demanding the restoration of their political status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister took a hardline public stance. However, ultimately, in private, the government was looking for an resolution, and public opinion had changed dramatically.

An Escalating Danger to Health

The well-being of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at growing risk. Recently, two reached 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. Another three have abstained from eating for more than 40 days and another, who has diabetes, is eating only every other day. Two others have since called off their protest, a single protester after being hospitalized.

The Circumstances of Imprisonment

The prisoners are variously on remand for reported criminal damage, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison before trial – far exceeding the usual six-month limit. Several may not be tried until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and revoking the proscription on Palestine Action.

Ministers should rethink proscription 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 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 associated with support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have argued that banning orders ought to have time limits. The government does not need to wait for a high court judge; it should change its mind now.

The Pressing Matter of Remand

More urgently, it should tackle the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait this long for trial. Such lengthy periods on remand are indefensible, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored 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 setting precedents. But it should not simply ignore this in the expectation that it will fade. Recently, 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 examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.