Angela Smith, Labour’s leader in the Lords, hopes to use an audacious parliamentary manoeuvre to offer MPs the chance to strike out controversial amendments on the Irish backstop and the customs union, forced through by hardline Brexiters in July.

The taxation (cross-border trade) bill, was amended at the behest of Jacob Rees-Mogg’s European Research Group (ERG) to outlaw a customs border in the Irish Sea, and force the government to legislate before it could join a customs union, among other issues.

As the legislation passes through the Lords, peers are unable to amend it, because it has been designated an “aids and supply bill”.

But Smith’s team have received advice from experts in parliamentary procedure that they can help to reopen debate about the amendments, by attaching them to a separate piece of legislation – the trade bill, also currently passing through the Lords.

In cooperation with Conservative, Liberal Democrat and crossbench peers, they will table a series of amendments on Wednesday evening, including the four ERG ones; and another aimed at reopening the issue of a customs union.

If they win the backing of enough peers at the legislation’s report stage, expected to be in November, the amendments will be passed back to the House of Commons, to give MPs another chance to vote them down.

The customs union amendment has been signed by the former Conservative cabinet minister Lord Patten, and the crossbencher Lord Kerr, who drafted the article 50 process for leaving the EU. The others also have cross-party backing.

Smith told the Guardian: “As we did with the withdrawal bill, our frontbench team in the Lords are working with peers from across the house, from all parties and none, to ensure Brexit related legislation is fit for purpose.

“Given the current state of the negotiations with the EU, we are again looking to give MPs a meaningful role in ensuring the best outcome – and have tabled an amendment to put a customs union back on the table.

“The government’s desperate tactics meanwhile to accept ERG amendments to the taxation bill stopped any effective debate in the Commons. So, we have also tabled new amendments to ensure ministers can’t duck scrutiny on such key issues.”

Supporters of the amendments will argue that while the customs union has previously been rejected by the Commons, growing fears about whether the Chequers deal as set out in the government’s summer white paper can be negotiated mean MPs should be allowed to debate the issue again.

Before the summer recess, Theresa May caved in to the ERG, and accepted the four amendments, rather than give anti-Chequers MPs, including ex-ministers David Davis and Steve Baker, the opportunity for a show of parliamentary strength.

As well as ruling out a border in the Irish Sea, they would preclude the UK collecting taxes on behalf of the EU unless the EU reciprocates; force the government to legislate before joining any customs union and remove the UK from the EU’s VAT regime.

May’s decision enraged pro-EU Tories, who then rebelled against her in what became a series of knife-edge votes, slashing her majority to just three in one case.

It later emerged that the Lib Dem leader, Vince Cable, and his predecessor, Tim Farron, had been absent. There were also allegations of dirty tricks after Tory chair Brandon Lewis admitted that he had been asked by party whips to vote, despite a pairing arrangement with the Lib Dem deputy leader, Jo Swinson.

The House of Lords has played a key role in helping to strengthen parliament’s hand in the complex process of Brexit, including by limiting the so-called Henry VIII powers that will allow ministers to make sweeping changes to legislation to prepare Britain’s laws.

But their role has been controversial with some Brexiters, who have accused them of ignoring the “will of the people”.