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During 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 adopted a publicly uncompromising position. However, ultimately, in private, the government was looking for an resolution, and public opinion had changed dramatically.

A Growing Risk to Health

The well-being of the activists linked to Palestine Action remand prisoners currently refusing food are at growing risk. Last Friday, 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 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, consumes food only every other day. A further two have now ended their protest, a single protester after hospitalisation.

The Context of Detention

The prisoners are variously on remand for reported criminal damage, aggravated burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – much longer the usual six-month limit. Several may not be face trial until 2027. Demands include immediate bail, stopping restrictions on their communications and revoking the ban on Palestine Action.

Ministers should rethink the banning order not due to 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 seeming apathy when faced with the loss of life 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. Independent reviewers of terrorism laws have contended that banning orders should be subject to 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 address the issue of remand. Failures of the justice and penal systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, except for 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 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 asked about the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.