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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 men ultimately perished; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. But by the end, behind the scenes, the government was looking for an resolution, and the public mood had shifted significantly.

An Escalating Danger to Health

The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist Qesser Zuhrah is being treated 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, a single protester after being hospitalized.

The Context of Detention

The prisoners are being held for reported vandalism, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison before trial – much longer the usual six-month limit. Some may not be face trial until 2027. Demands include immediate bail, stopping restrictions on their communications and revoking 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 striking contrast 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 linked to support for Palestine Action were made in the three months following the ban’s introduction. Expert assessors of terrorism laws have contended that proscription orders should be subject to time limits. The government should not await for a judicial ruling; it should reverse its decision now.

The Pressing Matter of Pre-Trial Detention

More urgently, it should address the issue of remand. Failures of the legal and prison 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, except for in the most extraordinarily grave cases. Legal representatives have noted 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 naturally cautious of setting precedents. 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 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.