During 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, calling for the return of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, in private, the government was looking for an exit, and the public mood had shifted significantly.
An Escalating Danger to Health
The lives of the Palestine Action-affiliated remand prisoners currently refusing food are at increasing risk. Last Friday, two marked day 48 without food. (For context, 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. Another three have abstained from eating for more than 40 days and one other, who has diabetes, consumes food only every other day. A further two have since called off their protest, one after hospitalisation.
The Circumstances of Detention
The prisoners are variously on remand for reported vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an alleged break-in 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. Their requests consist of prompt release on bail, stopping restrictions on their communications and revoking the proscription on Palestine Action.
Ministers should rethink proscription 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 inaction and seeming apathy when faced with the loss of life of tens of thousands in a war in Gaza. More than 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 proscription orders ought to have time limits. The government should not await for a high court judge; it should change its mind now.
The Urgent Issue of Remand
With greater immediacy, 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.
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 naturally cautious of setting precedents. 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 completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.