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During 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, demanding the restoration 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, in private, the government sought an resolution, and public opinion had changed dramatically.

An Escalating Danger to Health

The well-being of the Palestine Action-affiliated remand prisoners now on hunger strike are at increasing risk. Recently, two marked day 48 without food. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have abstained from eating for more than 40 days and another, who has diabetes, is eating only every other day. A further two have since called off their protest, one after being hospitalized.

The Context of Detention

The prisoners are variously on remand for alleged criminal damage, serious 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 prompt release on bail, stopping restrictions on their communications and revoking the ban on Palestine Action.

Ministers should rethink 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 severe enthusiasm in this regard and its lack of action and apparent indifference when faced with the deaths of tens of thousands during a conflict 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 proscription orders should be subject to time limits. The government does not need to wait for a judicial ruling; it should reverse its decision 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 increasingly lengthy delays and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be tagged while waiting for their court date.

Government Inaction and A Call to Engage

Authorities have stated that prisons handle 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 disregard this in the hope that it will fade. 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 perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.