In 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; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, in private, the government was looking for an resolution, 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 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. Three more have refused food for more than 40 days and one other, who has diabetes, is eating only every other day. Two others have since called off their protest, a single protester after hospitalisation.
The Context of Detention
The prisoners are variously on remand for reported vandalism, serious 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. All will have spent more than a year in prison before trial – far exceeding the usual six-month limit. Several may not be tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and ending 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 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 during a conflict in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have contended that proscription orders should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.
The Urgent Issue of Pre-Trial Detention
More urgently, it should tackle 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 this long for trial. Such lengthy periods on remand are indefensible, except for in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.
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 establishing a precedent. But it should not simply disregard 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 perfunctory. The government must engage with the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.
