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During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. However, ultimately, in private, the government sought an resolution, and public opinion had shifted significantly.

A Growing Risk to Lives

The well-being of the activists linked to Palestine Action remand prisoners now on hunger strike are at increasing risk. Last Friday, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) The young activist Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three 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, one after hospitalisation.

The Context of Imprisonment

The prisoners are variously on remand for reported vandalism, serious burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in 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 tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and revoking the ban on Palestine Action.

The government ought to reconsider proscription not due to this hunger strike, but because it was an illiberal overreaction.

A Glaring Disparity in Government Response

There is a striking contrast between the government’s draconian zeal in this regard and its lack of action and seeming apathy when faced with the loss of life of tens of thousands in a war 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 proscription orders should be subject to time limits. The government does not need to wait for a high court judge; it should reverse its decision now.

The Urgent Issue of Pre-Trial Detention

With greater immediacy, it should tackle the issue of remand. Shortcomings 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. Extended stays on remand are indefensible, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while awaiting trial.

Government Inaction 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 understandably wary of establishing a precedent. But it should not simply ignore 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 asked about the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.