Counter-Terrorism and Security Bill

The Minister just, for the second time during his winding up, referred to the phrase “having due regard” in Clause 21 of Part 5 as if to placate those who are concerned by the directions which are still out for consultation. Is the reality not that Clause 25 gives the Secretary of State power to make directions with regard to any of these matters and then to follow that up by a mandatory order? If that mandatory order is breached there are serious punitive consequences, so is it not a trifle inadvertently misleading to refer again and again to this merely having “due regard to”?