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In 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister took a hardline public stance. But by the end, behind the scenes, the government was looking for an exit, and the public mood had changed dramatically.

An Escalating Danger to Health

The lives of the activists linked to Palestine Action remand prisoners 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.) The young activist Qesser Zuhrah has been admitted in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have abstained from eating 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 hospitalisation.

The Circumstances of Detention

The prisoners are variously on remand 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 prior to their day in court – far exceeding the standard custody limit. Some may not be face trial until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and revoking 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 glaring disparity between the government’s severe enthusiasm in this regard and its inaction and seeming apathy 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. Independent reviewers of terrorism laws have contended 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 Remand

With greater immediacy, it should address the issue of remand. Shortcomings 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, apart from in the most exceptionally serious cases. Legal representatives have noted that defendants could be tagged 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 “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. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as “totally unacceptable”. When questioned on 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 dangerously complacent, given the prisoners’ sharply declining health.