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During 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, in private, the government sought an exit, and the public mood had changed dramatically.

An Escalating Danger to Health

The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked day 48 without food. (By comparison, 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. Three more 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 Circumstances of Detention

The prisoners are being held for reported criminal damage, serious burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, 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 standard custody limit. Some may not be tried until 2027. Demands include immediate bail, stopping restrictions on their communications and ending the proscription on Palestine Action.

The government ought to reconsider the banning order not due to this hunger strike, but because it was an illiberal overreaction.

A Glaring Disparity in Government Response

There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action 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 argued that banning orders ought to have time limits. The government should not await for a judicial ruling; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

More urgently, it should tackle the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be tagged while awaiting trial.

Official Complacency and An Appeal for Dialogue

Ministers have said that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of setting precedents. 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 completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.