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During 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, demanding the restoration of their political 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. However, ultimately, behind the scenes, the government was looking for an exit, and public opinion had shifted significantly.

An Escalating Danger to Lives

The well-being of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at growing risk. Last Friday, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have refused food for more than 40 days and another, who has diabetes, consumes food only every other day. Two others have since called off their protest, a single protester after being hospitalized.

The Context of Detention

The prisoners are variously on remand for reported criminal damage, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an alleged break-in at RAF Brize Norton. All will have 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 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 Striking Contrast in Official Reaction

There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action and apparent indifference when faced with the loss of life of tens of thousands during a conflict 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 argued that banning orders ought to have time limits. The government does not need to wait for a high court judge; it should reverse its decision now.

The Urgent Issue of Pre-Trial Detention

With greater immediacy, it should address the issue of remand. Shortcomings 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 cannot be justified, apart from in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.

Government Inaction and A Call to Engage

Ministers have said that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious 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 asked about the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.