In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, behind the scenes, the government was looking for an exit, and the public mood had shifted significantly.
An Escalating Danger 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 reached day 48 without food. (For context, 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 was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have refused food for more than 40 days and another, who has diabetes, is eating only every other day. A further two have now ended their protest, a single protester after being hospitalized.
The Circumstances of Imprisonment
The prisoners are being held for reported vandalism, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an alleged break-in 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 tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and ending the ban on Palestine Action.
The government ought to reconsider 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 severe enthusiasm in this regard and its lack of action 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 banning orders should be subject to time limits. The government should not await for a judicial ruling; it should change its mind 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 this long for trial. Extended stays on remand are indefensible, except for in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored 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 highly familiar with them. The government is understandably wary of establishing a precedent. But it should not simply disregard 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 asked about the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.
