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During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, demanding the restoration of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, behind the scenes, the government sought an exit, and public opinion had shifted significantly.

An Escalating Danger to Health

The well-being of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Last Friday, two reached day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed 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 also been treated. Another three have abstained from eating 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 Context of Imprisonment

The prisoners are variously on remand for alleged criminal damage, aggravated burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison before trial – far exceeding the usual six-month limit. Some may not be tried until 2027. Demands include prompt release on bail, stopping restrictions on their communications and revoking the ban on Palestine Action.

The government ought to reconsider proscription not because of this hunger strike, but because it was an illiberal overreaction.

A Glaring Disparity in Official Reaction

There is a striking contrast between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the deaths of tens of thousands in a war in Gaza. Over 1,600 arrests associated with support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have argued that banning orders ought to have time limits. The government does not need to wait for a judicial ruling; it should change its mind now.

The Pressing Matter of Pre-Trial Detention

More urgently, it should address the issue of remand. Shortcomings of the justice and penal systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be tagged while awaiting trial.

Official Complacency 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 setting precedents. But it should not simply disregard this in the hope 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 questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.