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During 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, demanding the restoration 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. The then-Prime Minister 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 detainees awaiting trial now on hunger strike are at growing risk. Recently, two marked day 48 without food. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have refused food for more than 40 days and one other, who has diabetes, is eating only every other day. Two others have since called off their protest, a single protester after being hospitalized.

The Context of Detention

The prisoners are being held for alleged vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an reported intrusion at RAF Brize Norton. All will have 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 proscription 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 draconian zeal 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. Over 1,600 arrests linked to support for Palestine Action were made in the three months following the ban’s introduction. Expert assessors of terrorism laws have contended that proscription orders should be subject to 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 address the issue of remand. Shortcomings of the justice and penal systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait for such a duration for trial. Extended stays on remand are indefensible, apart from in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.

Official Complacency and A Call to Engage

Authorities have stated that prisons handle around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of setting precedents. But it should not simply disregard this in the hope that it will fade. Recently, 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. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.