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During 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, demanding the restoration of their special category status. Ten would die; extraordinarily, 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, behind the scenes, the government sought an exit, and the public mood had shifted significantly.

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 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. Another three have refused food for more than 40 days and one other, who has diabetes, consumes food only every other day. A further two have since called off their protest, one after hospitalisation.

The Circumstances of Detention

The prisoners are being held for reported vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, 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 usual six-month limit. Some may not be face trial until 2027. Their requests consist of prompt release on 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 Glaring Disparity in Official Reaction

There is a glaring disparity between the government’s draconian zeal in this regard and its lack of action and apparent indifference when faced with the deaths of tens of thousands in a war 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 ought to have time limits. The government should not await for a judicial ruling; it should change its mind 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 ever-longer waiting times and poor prison conditions. No defendant should wait this long 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 tagged while waiting for their court date.

Official Complacency 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 establishing a precedent. But it should not simply disregard 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 asked about 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.