In 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher took a hardline public stance. However, ultimately, in private, the government sought an resolution, and the public mood had shifted significantly.
An Escalating Danger to Health
The well-being 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.) Twenty-year-old Qesser Zuhrah is being treated 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. A further two have now ended their protest, one after being hospitalized.
The Context 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. All will have spent more than a year in prison prior to their day in court – 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 the banning order not because of this hunger strike, but because it was an disproportionate and repressive measure.
A Striking Contrast in Official Reaction
There is a striking contrast between the government’s draconian zeal in this regard and its lack of action and seeming apathy when faced with the loss of life of tens of thousands during a conflict in Gaza. More than 1,600 arrests linked to 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 ought to have time limits. The government should not await for a judicial ruling; 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 poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, except for in the most exceptionally serious cases. Lawyers have noted that defendants could be tagged while waiting for their court date.
Official Complacency and An Appeal for Dialogue
Ministers have said that prisons see 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 disregard this in the hope that it will go away. Last week, 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 address the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.