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In 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, in private, the government was looking for an resolution, and public opinion had changed dramatically.

An Escalating Danger to Lives

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. (For context, 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 one other, who has diabetes, is eating only every other day. Two others have now ended their protest, one 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, 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 prior to their day in court – far exceeding the standard custody limit. Several may not be face trial until 2027. Demands include prompt release on bail, stopping restrictions on their communications and ending the proscription on Palestine Action.

Ministers should rethink proscription not due to 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 draconian zeal in this regard and its inaction and seeming apathy 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 argued that proscription orders ought to have time limits. The government should not await for a high court judge; it should change its mind now.

The Urgent Issue of Remand

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. Extended stays on remand are indefensible, except for in the most extraordinarily grave cases. Lawyers 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 see 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 fade. 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 review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.