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In 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, 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. Margaret Thatcher took a hardline public stance. But by the end, in private, the government was looking for an exit, and public opinion had changed dramatically.

A Growing Risk to Health

The well-being of the activists linked to Palestine Action remand prisoners currently refusing food are at growing 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 has been admitted in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. 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 being hospitalized.

The Context of Imprisonment

The prisoners are being held for alleged criminal damage, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, 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 – much longer the standard custody limit. Some may not be face trial 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 because of this hunger strike, but because it was an illiberal overreaction.

A Striking Contrast in Government Response

There is a striking contrast 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 during a conflict in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the three months following the ban’s introduction. Expert assessors of terrorism laws have contended that banning orders ought to have time limits. The government does not need to wait for a judicial ruling; it should change its mind now.

The Urgent Issue of Remand

More urgently, it should tackle the issue of remand. Failures of the legal and prison systems are leading to increasingly lengthy delays 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. Legal representatives have pointed out that defendants could be electronically monitored while waiting for their court date.

Government Inaction and An Appeal for Dialogue

Authorities have stated that prisons handle 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 fade. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. 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 worryingly unconcerned, given the prisoners’ rapidly deteriorating health.