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During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, in private, the government sought an exit, and public opinion had changed dramatically.

An Escalating Danger to Health

The lives of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at growing risk. Recently, two reached day 48 without food. (By comparison, 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 likewise received medical care. Three more 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, a single protester after being hospitalized.

The Context of Imprisonment

The prisoners are variously on remand for alleged vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – far exceeding the standard custody limit. Some may not be tried until 2027. Demands include immediate bail, lifting limits on their communications and ending 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 Striking Contrast in Official Reaction

There is a striking contrast between the government’s draconian zeal in this regard and its inaction and apparent indifference when faced with the loss of life 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 contended that banning orders ought to have time limits. The government does not need to wait for a judicial ruling; it should change its mind now.

The Pressing Matter of Pre-Trial Detention

More urgently, it should address the issue of remand. Shortcomings of the legal and prison systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Such lengthy periods on remand cannot be justified, apart from in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be electronically monitored 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 “very experienced” with them. The government is understandably wary of establishing a precedent. But it should not simply ignore 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 completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.