During 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government sought an resolution, and the public mood had changed dramatically.
A Growing Risk to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing 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 reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. 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 now ended their protest, one after being hospitalized.
The Circumstances of Detention
The prisoners are being held for alleged criminal damage, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as 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. Some may not be tried until 2027. Their requests consist of prompt release on bail, lifting limits 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 Striking Contrast 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 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. Independent reviewers of terrorism laws have contended that proscription 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 Remand
More urgently, it should address the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Extended stays on remand are indefensible, except for in the most extraordinarily grave 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 handle around 200 hunger strikes a year and are “very experienced” with them. The government is understandably wary of setting precedents. 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. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.
