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In 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an resolution, and public opinion had changed dramatically.

A Growing Risk to Health

The lives of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at growing risk. Recently, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have abstained from eating for more than 40 days and one other, who has diabetes, consumes food only every other day. A further two have now ended their protest, a single protester after being hospitalized.

The Context of Imprisonment

The prisoners are being held for reported vandalism, serious 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 – much longer the standard custody limit. Some may not be tried until 2027. Demands include prompt release on bail, lifting limits on their communications and revoking the proscription on Palestine Action.

Ministers should rethink proscription not because of this hunger strike, but because it was an illiberal overreaction.

A Glaring Disparity in Official Reaction

There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the loss of life of tens of thousands in a war in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have contended that banning orders should be subject to time limits. The government should not await for a high court judge; it should change its mind now.

The Pressing Matter of Remand

With greater immediacy, it should address the issue of remand. Failures of the legal and prison systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, apart from in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.

Official Complacency and An Appeal for Dialogue

Authorities have stated 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 expectation that it will go away. Recently, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.