During 1981, IRA and other republican 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 by the time of his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, in private, the government sought an resolution, and the public mood had changed dramatically.
A Growing Risk to Health
The lives of the activists linked to Palestine Action remand prisoners now on hunger strike are at growing risk. Last Friday, two marked day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old 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 since called off their protest, a single protester after being hospitalized.
The Context of Imprisonment
The prisoners are variously on remand for alleged criminal damage, aggravated burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as 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 usual six-month limit. Several may not be face trial until 2027. Demands include immediate bail, stopping restrictions on their communications and ending the proscription on Palestine Action.
Ministers should rethink the banning order not due to this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Official Reaction
There is a glaring disparity between the government’s severe enthusiasm in this regard and its lack of action and seeming apathy when faced with the loss of life of tens of thousands in a war in Gaza. Over 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 argued that banning 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 Remand
More urgently, it should tackle the issue of remand. Failures of the legal and prison systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand cannot be justified, except for in the most exceptionally serious cases. Legal representatives have noted that defendants could be electronically monitored while awaiting trial.
Government Inaction 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 ignore 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 “totally unacceptable”. When asked about the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.