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In 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, behind the scenes, the government sought an resolution, and the public mood had shifted significantly.

A Growing Risk to Health

The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Last Friday, two reached 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 was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have abstained from eating for more than 40 days and one other, who has diabetes, is eating only every other day. A further two have now ended their protest, one after being hospitalized.

The Circumstances of Detention

The prisoners are being held for alleged vandalism, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, 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 – far exceeding the standard custody limit. Several may not be face trial until 2027. Demands include immediate bail, lifting limits on their communications and revoking the ban on Palestine Action.

Ministers should rethink the banning order not due to 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 inaction and apparent indifference when faced with the deaths of tens of thousands during a conflict in Gaza. Over 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have argued 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 Urgent Issue of Remand

More urgently, 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 this long for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be tagged while waiting for their court date.

Government Inaction and An Appeal for Dialogue

Authorities have stated 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 go away. 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 cursory. The government must engage with the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.