During 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; 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, in private, the government sought an exit, and the public mood had shifted significantly.
An Escalating Danger to Health
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Recently, two marked day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed 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. Three more have abstained from eating for more than 40 days and one other, who has diabetes, is eating only every other day. A further two have since called off their protest, one after being hospitalized.
The Context of Detention
The prisoners are being held for alleged criminal damage, aggravated 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. Each has already spent more than a year in prison prior to their day in court – far exceeding the standard custody limit. Some may not be face trial 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 because of this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Official Reaction
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. Independent reviewers of terrorism laws have argued that banning orders ought to have time limits. The government does not need to wait for a judicial ruling; 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 are indefensible, apart from in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.
Government Inaction and A Call to Engage
Authorities have stated that prisons see 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 expectation that it will fade. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was cursory. The government must address the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.
