What is really going on in politics? Get our daily email briefing straight to your inbox Sign up Thank you for subscribing We have more newsletters Show me See our privacy notice Invalid Email

A crucial piece of small print in Theresa May’s repeal bill could scupper Brexit entirely, it was claimed today.

You’ve probably never heard of Article 127 of the EEA Treaty, but it’s set to provoke a major row that could blow Theresa May’s plan for Brexit off course.

And Brexit Secretary David Davis’ former chief of staff thinks it could scupper it entirely.

But what does Article 127 do, why is it different from Article 50 and how could it cause Brexit to collapse? Here’s everything you need to know.

What is Article 127?

Article 127 is a section of the treaty that keeps Britain and 28 other countries (including some that aren’t in the EU) in the European Economic Area - the single market.

While triggering Article 50 pulled us out of the European Union, the Government still needs to formally trigger Article 127 and give the EEA 12 months notice that we’re going to leave the single market.

And that means it has to go through Parliament by next March.

Why could that be a problem for Brexiteers?

(Image: PA)

Because there’s no guarantee the Government - with their wafer thin majority, propped up by the DUP - will manage to get it through Parliament at all.

All it would take is for six Tory Remainers to rebel against it and the whole thing’s off.

And that could have repercussions.

David Davis’ former chief of staff James Chapman told an event at Lib Dem Conference today: “Is there a majority in the House of Commons, let alone (the Lords) to leave the single market? No there’s not.

“So the Government won’t be able to get that through Parliament and at that point Brexit will collapse.

“Because the British people will say ‘we’ll have to pay more to stay in the single market and we won’t be able to control freedom of movement. So what is the effing point of doing this?’”

Is the Government worried about it?

Maybe.

Chapman says Theresa May considered wrapping Article 127 into the Article 50 bill, but decided against it, which he described as a “serious tactical error.”

It’s thought the Government will try and sneak the notification into the small print of their Repeal Bill - allowing it to be passed without a full debate or vote in the Commons.

But MPs have already started making noise about this, with Labour’s Heidi Alexander tabling an amendment to the bill to ensure that can’t happen.

Of course, the government says it's all easy as pie. In February a Number 10 spokesperson said: "The UK is party to the EEA agreement only in its capacity as an EU member state. Once the UK leaves the EU, the EEA agreement will automatically cease to apply to the UK.”