The advice given to the Government explains if they extend the negotiations, a successful legal challenge will likely be launched. Any such challenge would see Remainers demand they continue to be represented by MEPs. As such it could see the UK forced to participate in another set of European elections in May next year.
According to the Daily Telegraph, there is a “high risk” of a successful legal challenge to force the UK to participate in the fresh rounds of elections for the start of the next five-year session of the European Parliament on July 2.
The chance of another set of elections to Brussels has caused fury among Brexiteers who demand the UK split with the bloc after March.
Deputy chair of the Eurosceptic European Research Group, Steve Baker said: “The Government will find itself in deep trouble if it tries to extend Article 50.
“I would be amazed if the DUP agreed to it, at which point the country becomes ungovernable.”
LATEST BREXIT DEVELOPMENT: CORBYN DELIVERS SHOCK NO CONFIDENCE MOTION
Due to Mrs May’s disastrous 2017 General Election result, the Conservatives rely on Northern Ireland’s Democratic Unionist Party give them a majority in Parliament.
Vehemently Eurosceptic, they are against extending the leave process, but they hope the new legal advice will make a second referendum less likely because of the need to continue to participate in the elections.
Sammy Wilson, the DUP’s Brexit spokesman, said: “If this shuts the door on a second referendum I am heartened by that.
“The symbolism of having to take part in another European election would be a nail in the coffin of any policy that we were leaving the EU.”
Mrs May has come under pressure to outline the plan for Brexit if her own withdrawal agreement is approached.
Currently, there appears to be no support from a majority of MPs for her deal.
A vote on her plan is due to be held on the week commencing January 14.
If her deal is rejected by Parliament, she will be forced to either renegotiate her deal, hold a second referendum or push ahead with no deal preparations.
READ MORE: ODDS SLASHED ON SECOND REFERENDUM
Members of the Cabinet are thought to be putting pressure of the Prime Minister to hold a number of so-called “indicative votes” in the House of Commons about how MPs wish to proceed with the Brexit process.
Such a decision would put the UK at risk of extending the negotiation period and therefore be forced to participate in next year’s European elections.
However, Mrs May has so far refused to publicly consider the option of holding indicative votes in Parliament.
Speaking yesterday, Mrs May’s spokesman, James Slack, said Monday the Government had “no plans” to hold such votes.