In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, 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. Margaret Thatcher took a hardline public stance. However, ultimately, behind the scenes, the government sought an exit, and public opinion had changed dramatically.
An Escalating Danger to Lives
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Recently, two reached day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) The young activist Qesser Zuhrah has been admitted 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, consumes food only every other day. A further two have now ended their protest, one after hospitalisation.
The Context of Imprisonment
The prisoners are being held for alleged vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison before trial – far exceeding 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 ban on Palestine Action.
Ministers should rethink proscription not due to this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Government Response
There is a glaring disparity 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 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 should not await for a judicial ruling; it should change its mind now.
The Pressing Matter of Pre-Trial Detention
More urgently, it should tackle the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait this long for trial. Extended stays on remand are indefensible, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.
Official Complacency and An Appeal for Dialogue
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 hope that it will fade. 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 cursory. The government must address the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.