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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 would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher took a hardline public stance. However, ultimately, behind the scenes, the government sought an exit, and public opinion had shifted significantly.

An Escalating Danger to Lives

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.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. 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 since called off their protest, a single protester after hospitalisation.

The Circumstances of Imprisonment

The prisoners are variously on remand for reported criminal damage, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison before trial – far exceeding the standard custody limit. Some may not be face trial until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and ending the ban on Palestine Action.

The government ought to reconsider the banning order not because of this hunger strike, but because it was an disproportionate and repressive measure.

A Striking Contrast in Official Reaction

There is a glaring disparity between the government’s severe enthusiasm in this regard and its lack of action and apparent indifference when faced with the deaths of tens of thousands during a conflict in Gaza. More than 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 banning orders ought to have time limits. The government should not await for a judicial ruling; it should change its mind now.

The Urgent Issue of Remand

With greater immediacy, it should tackle the issue of remand. Failures of the justice and penal systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait this long for trial. Such lengthy periods on remand cannot be justified, except for in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored while awaiting trial.

Official Complacency and A Call to Engage

Ministers have said that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is understandably wary of establishing a precedent. But it should not simply ignore this in the hope that it will go away. Last week, 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 perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.