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During 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP by the time of his death. The then-Prime Minister took a hardline public stance. But by the end, in private, the government sought an resolution, and public opinion had changed dramatically.

A Growing Risk to Health

The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Recently, two marked day 48 without sustenance. (For context, 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 reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have refused food for more than 40 days and another, who has diabetes, consumes food only every other day. A further two have since called off their protest, one after hospitalisation.

The Context of Detention

The prisoners are variously on remand for alleged vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as 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 usual six-month limit. Some may not be tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and ending the ban on Palestine Action.

Ministers should rethink proscription not because of this hunger strike, but because it was an illiberal overreaction.

A Striking Contrast 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 deaths 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. Independent reviewers of terrorism laws have argued that proscription 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 Remand

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. Extended stays on remand cannot be justified, except for in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be tagged 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 understandably wary of setting precedents. But it should not simply ignore this in the hope that it will fade. Last week, 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 review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.