During 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, demanding the restoration of their special category status. Ten would die; 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, behind the scenes, the government was looking for an resolution, and the public mood had changed dramatically.
A Growing Risk to Health
The well-being of the activists linked to Palestine Action remand prisoners currently refusing food are at growing 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.) Twenty-year-old Qesser Zuhrah has been admitted 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 another, who has diabetes, consumes food only every other day. Two others have now ended their protest, one after being hospitalized.
The Context of Detention
The prisoners are variously on remand for alleged criminal damage, aggravated burglary and violent 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. Some may not be tried until 2027. Demands include prompt release on 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 Striking Contrast in Official Reaction
There is a striking contrast between the government’s severe enthusiasm 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 three months following the ban’s introduction. Expert assessors of terrorism laws have contended 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 Pressing Matter of Pre-Trial Detention
With greater immediacy, it should address the issue of remand. Failures of the justice and penal systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait for such a duration 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 awaiting trial.
Official Complacency and A Call to Engage
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 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 examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.