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In 1981, Irish Republican Army and fellow prisoners began 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 resolution, and the public mood had changed dramatically.

A Growing Risk to Health

The well-being of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at increasing risk. Last Friday, two marked day 48 without food. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) The young activist Qesser Zuhrah is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three have refused food for more than 40 days and another, who has diabetes, consumes food only every other day. A further two have now ended their protest, a single protester after being hospitalized.

The Circumstances of Imprisonment

The prisoners are variously on remand for alleged vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – much longer the standard custody limit. Several may not be tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the proscription on Palestine Action.

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

A Striking Contrast in Government Response

There is a striking contrast between the government’s draconian zeal in this regard and its inaction and apparent indifference when faced with the deaths 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. Independent reviewers 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 reverse its decision now.

The Pressing Matter of Pre-Trial Detention

More urgently, it should address 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 extraordinarily grave cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.

Official Complacency 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 disregard 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 “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was cursory. The government must address the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.