In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government sought an resolution, and the public mood had shifted significantly.
A Growing Risk to Health
The lives of the Palestine Action-affiliated remand prisoners currently refusing food are at increasing risk. Last Friday, two marked 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 has been admitted in hospital after she was said to have 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. Two others have now ended their protest, one after hospitalisation.
The Context of Detention
The prisoners are being held for alleged vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison before trial – much longer the standard custody limit. Several may not be face trial until 2027. Their requests consist of prompt release on bail, stopping restrictions on their communications and revoking 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 Striking Contrast in Government Response
There is a glaring disparity 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. Over 1,600 arrests linked to 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 ought to have time limits. The government should not await for a high court judge; it should change its mind now.
The Urgent Issue of Remand
More urgently, it should tackle 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 extraordinarily grave cases. Lawyers have noted that defendants could be tagged while waiting for their court date.
Official Complacency and An Appeal for Dialogue
Ministers have said that prisons handle 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 ignore this in the hope 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 questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.