In 1981, IRA and other republican prisoners began a hunger strike in Northern Ireland, demanding the restoration of their special category status. Ten men ultimately perished; remarkably, 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. However, ultimately, in private, the government was looking for an exit, and the public mood had shifted significantly.
An Escalating Danger to Lives
The well-being of the Palestine Action-affiliated remand prisoners currently refusing food are at increasing risk. Last Friday, two reached day 48 without sustenance. (For context, 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 was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. 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, a single protester after hospitalisation.
The Circumstances of Imprisonment
The prisoners are variously on remand for alleged criminal damage, serious 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 before trial – far exceeding the standard custody limit. Several may not be face trial until 2027. Their requests consist of prompt release on bail, lifting limits 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 Striking Contrast in Official Reaction
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 in a war 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 banning orders ought to have time limits. The government should not await for a high court judge; it should reverse its decision now.
The Urgent Issue of Remand
With greater immediacy, it should tackle the issue of remand. Shortcomings of the legal and prison systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait this long 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 waiting for their court date.
Official Complacency and A Call to Engage
Authorities have stated that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of setting precedents. But it should not simply ignore this in the expectation that it will fade. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When questioned on the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.