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During 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected 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 exit, and public opinion had shifted significantly.

An Escalating Danger to Lives

The well-being of the Palestine Action-affiliated 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 – succumbed on the 46th day.) The young activist Qesser Zuhrah is being treated 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 another, who has diabetes, is eating only every other day. A further two have since called off their protest, one after being hospitalized.

The Circumstances 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, as well as an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – far exceeding the usual six-month limit. Several may not be tried until 2027. Demands include immediate bail, stopping restrictions 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 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 linked to support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have contended that proscription orders ought to have time limits. The government does not need to wait for a high court judge; it should change its mind now.

The Urgent Issue of Remand

More urgently, it should address the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand are indefensible, apart from in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be tagged while awaiting trial.

Government Inaction and A Call to Engage

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 fade. Last week, 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.