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In 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, behind the scenes, the government was looking for an exit, and the public mood had shifted significantly.

An Escalating Danger to Lives

The lives of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at increasing risk. Recently, two marked 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 was said to have 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. Two others have now ended their protest, one after being hospitalized.

The Context of Imprisonment

The prisoners are being held for reported criminal damage, serious burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, 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 standard custody limit. Several may not be face trial until 2027. Demands include immediate bail, stopping restrictions on their communications and ending the proscription on Palestine Action.

Ministers should rethink the banning order not because of this hunger strike, but because it was an disproportionate and repressive measure.

A Glaring Disparity in Official Reaction

There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the deaths of tens of thousands in a war 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 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 Pre-Trial Detention

With greater immediacy, it should tackle the issue of remand. Failures 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. Extended stays on remand cannot be justified, apart from in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.

Official Complacency and An Appeal for Dialogue

Ministers have said 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 ignore this in the expectation 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 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’ rapidly deteriorating health.