In 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; remarkably, their leader, Bobby Sands, had been elected as an MP by the time of his death. Margaret Thatcher took a hardline public stance. But by the end, behind the scenes, the government sought an exit, and public opinion had changed dramatically.
An Escalating Danger to Health
The lives 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 – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have refused food for more than 40 days and one other, who has diabetes, is eating only every other day. A further two have now ended their protest, a single protester after being hospitalized.
The Circumstances of Detention
The prisoners are being held for alleged criminal damage, aggravated burglary and violent 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 usual six-month limit. Several may not be face trial until 2027. Demands include immediate bail, stopping restrictions on their communications and revoking the proscription on Palestine Action.
Ministers should rethink 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 draconian zeal in this regard and its lack of action and apparent indifference when faced with the loss of life of tens of thousands in a war in Gaza. Over 1,600 arrests associated with support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have contended that proscription 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
More urgently, it should tackle 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 this long for trial. Extended stays on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers 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 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 disregard 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 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.