During 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, calling for the return of their special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government sought an exit, and the public mood 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 increasing risk. Recently, two reached day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died 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, is eating only every other day. A further two have now ended their protest, one after being hospitalized.
The Context of Detention
The prisoners are variously on remand for reported vandalism, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison before trial – 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 ending the ban on Palestine Action.
Ministers should rethink the banning order not because of 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 draconian zeal in this regard and its inaction and apparent indifference when faced with the loss of life of tens of thousands during a conflict in Gaza. Over 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 contended that banning orders ought to have time limits. The government does not need to wait for a high court judge; it should change its mind now.
The Urgent Issue of Pre-Trial Detention
With greater immediacy, 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 for such a duration for trial. Such lengthy periods on remand cannot be justified, apart from in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be electronically monitored while waiting for their court date.
Government Inaction and An Appeal for Dialogue
Ministers have said that prisons see 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 ignore 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 “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.