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During 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister took a hardline public stance. However, ultimately, behind the scenes, the government was looking for an resolution, and the public mood had changed dramatically.

A Growing Risk to Health

The well-being of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at growing risk. Last Friday, two marked day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted 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, consumes food only every other day. Two others have since called off their protest, a single protester after hospitalisation.

The Circumstances of Imprisonment

The prisoners are being held for reported criminal damage, 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 before trial – far exceeding the standard custody limit. Some may not be tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the ban on Palestine Action.

Ministers should rethink the banning order not because of 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 inaction and apparent indifference 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. Independent reviewers of terrorism laws have argued that banning orders should be subject to time limits. The government does not need to wait for a judicial ruling; it should reverse its decision now.

The Pressing Matter 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 poor prison conditions. No defendant should wait this long for trial. Extended stays on remand are indefensible, apart from in the most exceptionally serious cases. Lawyers 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 see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of establishing a precedent. But it should not simply ignore this in the expectation that it will fade. Recently, 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 examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.