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In 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; remarkably, their leader, Bobby Sands, had been elected as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, in private, the government was looking for an resolution, and public opinion had changed dramatically.

An Escalating Danger to Lives

The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Recently, two reached day 48 without sustenance. (For context, 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. Two others have now ended their protest, one after hospitalisation.

The Circumstances of Detention

The prisoners are being held for alleged criminal damage, aggravated burglary and public 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 – much longer the standard custody limit. Some may not be face trial until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and ending the ban on Palestine Action.

Ministers should rethink the banning order not due to this hunger strike, but because it was an disproportionate and repressive measure.

A Striking Contrast in Government Response

There is a glaring disparity between the government’s severe enthusiasm in this regard and its lack of action and seeming apathy when faced with the deaths of tens of thousands in a war in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the three months following the ban’s introduction. Expert assessors of terrorism laws have argued that banning orders should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.

The Urgent Issue of Remand

More urgently, 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. Extended stays on remand are indefensible, apart from in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be electronically monitored while awaiting trial.

Official Complacency and A Call to Engage

Ministers have said that prisons see 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 disregard this in the expectation 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 asked about the prisoners, the Prime Minister’s response was cursory. The government must address the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.