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During 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, calling for the return of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher took a hardline public stance. However, ultimately, behind the scenes, the government sought an resolution, and public opinion had changed dramatically.

An Escalating Danger to Health

The well-being of the activists linked to Palestine Action remand prisoners now on hunger strike are at increasing risk. Last Friday, 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 also been treated. Another three have refused food for more than 40 days and another, who has diabetes, is eating only every other day. A further two have now ended their protest, one 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, and in relation to an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison before trial – far exceeding the standard custody limit. Some may not be tried until 2027. Their requests consist of 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 illiberal overreaction.

A Glaring Disparity in Official Reaction

There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and seeming apathy when faced with the deaths of tens of thousands in a war in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the quarter 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 judicial ruling; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

With greater immediacy, it should tackle the issue of remand. Shortcomings of the legal and prison systems are leading to ever-longer waiting times and poor prison conditions. 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. Lawyers have pointed out that defendants could be electronically monitored while awaiting trial.

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 disregard this in the expectation that it will fade. Recently, 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 examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.