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During 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, behind the scenes, the government sought an resolution, and the public mood had shifted significantly.

A Growing Risk to Health

The lives of the activists linked to Palestine Action remand prisoners now on hunger strike are at increasing 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 is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have abstained from eating for more than 40 days and another, who has diabetes, consumes food only every other day. A further two have since called off their protest, one after being hospitalized.

The Circumstances of Detention

The prisoners are being held for reported vandalism, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison before trial – much longer the usual six-month limit. Some may not be tried until 2027. Demands include prompt release on bail, lifting limits on their communications and revoking the proscription on Palestine Action.

Ministers should rethink the banning order not because of 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 inaction and seeming apathy 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 quarter following the ban’s introduction. Independent reviewers of terrorism laws have argued that proscription orders should be subject to 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. Failures of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, except for in the most exceptionally serious cases. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.

Official Complacency and An Appeal for Dialogue

Ministers have said that prisons see 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 ignore this in the expectation that it will go away. 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 review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.