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In 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, calling for the return of their political status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher took a hardline public stance. But by the end, in private, the government sought an exit, and the public mood had changed dramatically.

A Growing Risk to Health

The well-being of the Palestine Action-affiliated remand prisoners now on hunger strike are at growing risk. Recently, two reached day 48 without food. (For context, 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. A further two have since called off their protest, a single protester after being hospitalized.

The Circumstances of Imprisonment

The prisoners are variously on remand for reported criminal damage, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison before trial – much longer the standard custody limit. Several may not be tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and ending the ban on Palestine Action.

Ministers should rethink 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 draconian zeal 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. More than 1,600 arrests associated with 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 ought to have time limits. The government should not await for a high court judge; 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. Such lengthy periods on remand are indefensible, except for in the most exceptionally serious cases. Lawyers have pointed out that defendants could be tagged while waiting for their court date.

Government Inaction and A Call to Engage

Ministers have said that prisons handle 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 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 cursory. The government must engage with the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.