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In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, calling for the return of their political 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. But by the end, behind the scenes, the government sought an resolution, and the public mood had changed dramatically.

An Escalating Danger to Health

The well-being of the activists linked to Palestine Action remand prisoners currently refusing food are at increasing risk. Last Friday, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three 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, one after hospitalisation.

The Circumstances of Detention

The prisoners are being held for reported criminal damage, aggravated burglary and violent 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 – far exceeding the standard custody limit. Several may not be face trial until 2027. Demands include prompt release on bail, lifting limits on their communications and revoking 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 Government Response

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 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 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 Pressing Matter of Pre-Trial Detention

With greater immediacy, 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. Extended stays on remand cannot be justified, except for in the most exceptionally serious cases. Legal representatives have noted that defendants could be tagged while waiting for their court date.

Official Complacency and A Call to Engage

Authorities have stated 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 fade. 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 cursory. The government must engage with the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.