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In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, calling for the return of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, in private, the government was looking for an exit, and public opinion had shifted significantly.

A Growing Risk to Lives

The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing 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 is being treated in hospital after she reportedly 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 now ended their protest, a single protester after being hospitalized.

The Circumstances of Detention

The prisoners are variously on remand for alleged criminal damage, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison before trial – much longer 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 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 lack of action and apparent indifference when faced with the deaths of tens of thousands in a war in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the three months following the ban’s introduction. Independent reviewers of terrorism laws have argued that proscription orders ought to have time limits. The government should not await for a judicial ruling; 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 legal and prison systems are leading to ever-longer waiting times and poor prison conditions. 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 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 highly familiar with them. The government is understandably wary of establishing a precedent. But it should not simply disregard 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 questioned on the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.