In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP by the time of his death. The then-Prime Minister took a hardline public stance. However, ultimately, in private, the government sought an resolution, and the public mood had shifted significantly.
An Escalating Danger 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. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist 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 refused food for more than 40 days and another, who has diabetes, is eating only every other day. Two others have since called off their protest, one after hospitalisation.
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 alleged break-in at RAF Brize Norton. All will have spent more than a year in prison before trial – much longer the standard custody limit. Some may not be tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and ending the proscription on Palestine Action.
Ministers should rethink the banning order not due to 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 severe enthusiasm in this regard and its inaction and seeming apathy when faced with the deaths of tens of thousands in a war in Gaza. Over 1,600 arrests associated with support for Palestine Action were made in the three months 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 judicial ruling; it should reverse its decision 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 ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, except for in the most extraordinarily grave cases. Legal representatives have noted that defendants could be electronically monitored while awaiting trial.
Official Complacency and A Call to Engage
Ministers have said that prisons handle 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 disregard this in the expectation that it will go away. Recently, 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 cursory. The government must engage with the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.