In 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, demanding the restoration 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. The then-Prime Minister adopted a publicly uncompromising position. But by the end, behind the scenes, the government sought an exit, and public opinion had changed dramatically.
A Growing Risk to Health
The well-being of the activists linked to Palestine Action remand prisoners now on hunger strike are at increasing risk. Recently, two marked 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 likewise received medical care. Three more have abstained from eating for more than 40 days and one other, who has diabetes, consumes food only every other day. Two others have now ended their protest, one after hospitalisation.
The Circumstances of Detention
The prisoners are variously on remand for alleged criminal damage, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in 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. Their requests consist of prompt release on bail, lifting limits 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 apparent indifference when faced with the deaths 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. 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 high court judge; it should reverse its decision now.
The Urgent Issue of Remand
More urgently, it should address 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. Lawyers have pointed out that defendants could be electronically monitored while awaiting trial.
Government Inaction and An Appeal for Dialogue
Ministers have said that prisons handle around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of establishing a precedent. But it should not simply ignore 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 completely unsatisfactory. 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 worryingly unconcerned, given the prisoners’ rapidly deteriorating health.
