During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher took a hardline public stance. However, ultimately, in private, the government was looking for an exit, and public opinion had changed dramatically.
A Growing Risk to Health
The lives of the Palestine Action-affiliated remand prisoners currently refusing food are at growing risk. Recently, two reached day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died 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 also been treated. Three more have refused food for more than 40 days and another, who has diabetes, consumes food only every other day. Two others have since called off their protest, a single protester after hospitalisation.
The Circumstances of Detention
The prisoners are being held for reported criminal damage, serious 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 prior to their day in court – much longer the standard custody limit. Some may not be tried until 2027. Their requests consist of prompt release on bail, stopping restrictions on their communications and revoking the ban 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 glaring disparity between the government’s severe enthusiasm in this regard and its lack of action and apparent indifference when faced with the deaths of tens of thousands in a war in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have argued that banning orders should be subject to time limits. The government should not await for a high court judge; it should reverse its decision now.
The Pressing Matter of Remand
With greater immediacy, 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 for such a duration for trial. Such lengthy periods on remand cannot be justified, apart from in the most exceptionally serious cases. Lawyers have noted that defendants could be tagged while awaiting trial.
Government Inaction and A Call to Engage
Ministers have said that prisons see around 200 hunger strikes a year and are highly familiar 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 “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.
