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In 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, calling for the return 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 adopted a publicly uncompromising position. But by the end, behind the scenes, the government sought an resolution, and public opinion had changed dramatically.

An Escalating Danger to Health

The well-being of the activists linked to Palestine Action remand prisoners currently refusing food are at increasing risk. Recently, two reached day 48 without food. (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 refused food for more than 40 days and one other, who has diabetes, consumes food only every other day. Two others have since called off their protest, a single protester after hospitalisation.

The Context of Detention

The prisoners are being held for reported vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison before trial – far exceeding the usual six-month limit. Several may not be face trial until 2027. Their requests consist of immediate bail, lifting limits on their communications and revoking the proscription on Palestine Action.

Ministers should rethink the banning order not due to this hunger strike, but because it was an illiberal overreaction.

A Striking Contrast in Government Response

There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and seeming apathy when faced with the loss of life 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 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

More urgently, it should address the issue of remand. Failures of the legal and prison systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait this long for trial. Extended stays 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.

Government Inaction and An Appeal for Dialogue

Authorities have stated 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 expectation 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 cursory. The government must address the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.