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In 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, demanding the restoration of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP by the time of his death. The then-Prime Minister took a hardline public stance. But by the end, in private, the government sought an exit, and the public mood had changed dramatically.

An Escalating Danger to Health

The lives of the Palestine Action-affiliated remand prisoners currently refusing food are at increasing 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 likewise received medical care. Another three have refused food for more than 40 days and another, who has diabetes, is eating only every other day. Two others have since called off their protest, one after being hospitalized.

The Circumstances of Detention

The prisoners are being held for reported criminal damage, serious burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison before trial – far exceeding the usual six-month limit. Several may not be tried until 2027. Their requests consist of prompt release on bail, stopping restrictions on their communications and revoking 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 Striking Contrast in Government Response

There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action 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 three months following the ban’s introduction. Expert assessors of terrorism laws have argued that banning orders should be subject to time limits. The government does not need to wait for a high court judge; it should reverse its decision now.

The Pressing Matter of Pre-Trial Detention

More urgently, it should tackle the issue of remand. Failures 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. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.

Government Inaction 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 establishing a precedent. But it should not simply disregard this in the expectation that it will go away. Last week, 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 address the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.