In 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; 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 sought an resolution, and public opinion had changed dramatically.
A Growing Risk to Lives
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 – died on the 46th day.) The young activist Qesser Zuhrah has been admitted 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 another, who has diabetes, consumes food only every other day. A further two have now ended their protest, a single protester after being hospitalized.
The Context of Detention
The prisoners are variously on remand for reported criminal damage, aggravated 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. Several may not be face trial until 2027. Their requests consist of immediate bail, lifting limits on their communications and ending the proscription 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 Glaring Disparity in Official Reaction
There is a striking contrast between the government’s severe enthusiasm in this regard and its inaction and seeming apathy when faced with the loss of life of tens of thousands in a war in Gaza. More than 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 should not await for a judicial ruling; it should change its mind now.
The Pressing Matter of Pre-Trial Detention
With greater immediacy, it should address the issue of remand. Shortcomings of the legal and prison systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand are indefensible, apart from in the most exceptionally serious cases. Lawyers have noted that defendants could be tagged while waiting for their court date.
Government Inaction and A Call to Engage
Ministers have said that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of setting precedents. But it should not simply ignore this in the expectation that it will fade. 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 cursory. The government must engage with the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.