During 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher took a hardline public stance. However, ultimately, in private, the government sought an exit, and the public mood had shifted significantly.
An Escalating Danger to Health
The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Recently, two reached 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 was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three have refused food for more than 40 days and another, who has diabetes, is eating only every other day. Two others have now ended their protest, a single protester after being hospitalized.
The Context of Imprisonment
The prisoners are being held for alleged criminal damage, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an reported intrusion 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. Demands include immediate bail, stopping restrictions on their communications and ending the ban on Palestine Action.
The government ought to reconsider the banning order not because of this hunger strike, but because it was an illiberal overreaction.
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 loss of life of tens of thousands during a conflict 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 does not need to wait for a high court judge; it should change its mind now.
The Pressing Matter of Remand
With greater immediacy, it should tackle the issue of remand. Failures of the legal and prison systems are leading to ever-longer waiting times 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 exceptionally serious cases. Legal representatives have noted that defendants could be electronically monitored while awaiting trial.
Government Inaction 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 establishing a precedent. But it should not simply disregard this in the hope that it will go away. Recently, 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. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.