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In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, behind the scenes, the government was looking for an resolution, and the public mood had shifted significantly.

A Growing Risk to Health

The well-being of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at increasing risk. Recently, two marked day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old 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 abstained from eating for more than 40 days and one other, who has diabetes, consumes food only every other day. Two others have now ended their protest, one after hospitalisation.

The Circumstances of Imprisonment

The prisoners are variously on remand for alleged vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – far exceeding the usual six-month limit. Several may not be face trial until 2027. Demands include prompt release on bail, lifting limits on their communications and revoking the ban on Palestine Action.

Ministers should rethink proscription not because of this hunger strike, but because it was an illiberal overreaction.

A Glaring Disparity in Official Reaction

There is a glaring disparity 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 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 does not need to wait for a judicial ruling; it should change its mind now.

The Urgent Issue of Pre-Trial Detention

More urgently, it should tackle the issue of remand. Shortcomings of the legal and prison systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait this long for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be electronically monitored while awaiting trial.

Official Complacency and An Appeal for Dialogue

Ministers have said that prisons handle around 200 hunger strikes a year and are “very experienced” with them. The government is understandably wary of establishing a precedent. But it should not simply ignore 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 cursory. The government must address the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.